(PC) Hearns v. Whisnand et al
Filing
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ORDER WITHDRAWING 20 Findings and Recommendations; ORDER Dismissing the Action signed by District Judge Jennifer L. Thurston on 01/09/2022. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE L. HEARNS, et al.,
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Plaintiffs,
v.
ANDREW WHISNAND, et al.,
Case No. 1:20-cv-00313-JLT (PC)
ORDER WITHDRAWING FINDINGS AND
RECOMMENDATIONS (Doc. 19) ORDER
DISMISSING THE ACTION
(Doc. 18)
Defendants.
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Clarence L. Hearns filed a first amended complaint alleging that the defendants interfered
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with his mail and access to the court in violation of the First Amendment. (Doc. 13.) The Court
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screened the amended complaint and determined that Plaintiff failed to state a claim on which
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relief may be granted. (Doc. 17.) The Court granted Plaintiff leave to file a second amended
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complaint and advised that that if he did not want to amend, he could instead file a notice of
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voluntary dismissal or forego amendment and notify the Court that he wishes to stand on his
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complaint. (Id. at 8.) The Court advised: “If the last option is chosen, the undersigned will issue
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findings and recommendations to dismiss the complaint without leave to amend, plaintiff will have an
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opportunity to object, and the matter will be decided by a District Judge.” (Id.)
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Plaintiff filed a response electing to waive his option to amend his complaint a second time
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and to stand on his first amended complaint as screened. (Doc. 18.) Plaintiff added: “Please move
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forward with your scheduled issuing of your Report and Recommendation, to have this action
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terminated.” Id.
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Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 17), the
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Court ORDERS the findings and recommendations to be WITHDRAWN1 (Doc. 20) and the
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action is DISMISSED for failure to state a claim.
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IT IS SO ORDERED.
Dated:
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January 9, 2022
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The findings and recommendation are withdrawn due to the elevation of the undersigned to Article III status and
the reassignment to the undersigned in that new role.
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