(PC) Hearns v. Whisnand et al

Filing 23

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CLARENCE L. HEARNS, et al., 12 13 14 15 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. 16 17 Clarence L. Hearns filed a first amended complaint alleging that the defendants interfered 18 with his mail and access to the court in violation of the First Amendment. (Doc. 13.) The Court 19 screened the amended complaint and determined that Plaintiff failed to state a claim on which 20 relief may be granted. (Doc. 17.) The Court granted Plaintiff leave to file a second amended 21 complaint and advised that that if he did not want to amend, he could instead file a notice of 22 voluntary dismissal or forego amendment and notify the Court that he wishes to stand on his 23 complaint. (Id. at 8.) The Court advised: “If the last option is chosen, the undersigned will issue 24 findings and recommendations to dismiss the complaint without leave to amend, plaintiff will have an 25 opportunity to object, and the matter will be decided by a District Judge.” (Id.) 26 Plaintiff filed a response electing to waive his option to amend his complaint a second time 27 and to stand on his first amended complaint as screened. (Doc. 18.) Plaintiff added: “Please move 28 forward with your scheduled issuing of your Report and Recommendation, to have this action 1 terminated.” Id. 2 Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 17), the 3 Court ORDERS the findings and recommendations to be WITHDRAWN1 (Doc. 20) and the 4 action is DISMISSED for failure to state a claim. 5 6 IT IS SO ORDERED. Dated: 7 January 9, 2022 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The findings and recommendation are withdrawn due to the elevation of the undersigned to Article III status and the reassignment to the undersigned in that new role. 2

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