(PC) McCardie v. California State Prison Corcoran

Filing 22

ORDER ADOPTING 21 Findings and Recommendations and Dismissing Action, With Prejudice, for Failure to State a Cognizable Claim Upon Which Relief May Be Granted signed by District Judge Dale A. Drozd on 6/4/2021. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FREDDY MCCARDIE, 12 13 14 15 16 Plaintiff, v. CALIFORNIA STATE PRISON CORCORAN, No. 1:20-cv-01623-NONE-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (Doc. No. 21) Defendant. 17 Plaintiff Freddy McCardie is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 26, 2021, the assigned magistrate judge screened plaintiff’s first amended 21 complaint and issued findings and recommendations recommending that this action be dismissed, 22 with prejudice, due to plaintiff’s failure to state a cognizable claim upon which relief may be 23 granted. (Doc. No. 21.) The findings and recommendations were served on plaintiff and 24 included a statement that any objections must be filed within fourteen days. (Id. at 6.) The 25 deadline to file objections has passed, and plaintiff has failed to file objections to the pending 26 findings and recommendations or otherwise communicate with the court regarding this action. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the court has conducted a 28 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 1 1 magistrate judge’s findings and recommendations are supported by the record and by proper 2 analysis. 3 4 5 6 7 8 9 10 11 12 Accordingly, 1. The findings and recommendations issued on April 26, 2021, (Doc. No. 21), are adopted in full; 2. This action is dismissed, with prejudice, for failure to state a cognizable claim upon which relief may be granted; and 3. The Clerk of the Court is directed to assign a district judge to this case for the purpose of closing the case and then to close this case. IT IS SO ORDERED. Dated: June 4, 2021 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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