(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FREDDY MCCARDIE,

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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.

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Plaintiff Freddy McCardie is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 26, 2021, the assigned magistrate judge screened plaintiff’s first amended

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complaint and issued findings and recommendations recommending that this action be dismissed,

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with prejudice, due to plaintiff’s failure to state a cognizable claim upon which relief may be

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granted. (Doc. No. 21.) The findings and recommendations were served on plaintiff and

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included a statement that any objections must be filed within fourteen days. (Id. at 6.) The

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deadline to file objections has passed, and plaintiff has failed to file objections to the pending

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findings and recommendations or otherwise communicate with the court regarding this action.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court concludes that the
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magistrate judge’s findings and recommendations are supported by the record and by proper

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analysis.

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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

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