(PC) McCardie v. California State Prison Corcoran
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CALIFORNIA STATE PRISON
No. 1:20-cv-01623-NONE-BAM (PC)
ORDER ADOPTING FINDINGS AND
DISMISSAL OF ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
(Doc. No. 21)
Plaintiff Freddy McCardie is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 26, 2021, the assigned magistrate judge screened plaintiff’s first amended
complaint and issued findings and recommendations recommending that this action be dismissed,
with prejudice, due to plaintiff’s failure to state a cognizable claim upon which relief may be
granted. (Doc. No. 21.) The findings and recommendations were served on plaintiff and
included a statement that any objections must be filed within fourteen days. (Id. at 6.) The
deadline to file objections has passed, and plaintiff has failed to file objections to the pending
findings and recommendations or otherwise communicate with the court regarding this action.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the court has conducted a
de novo review of the case. Having carefully reviewed the entire file, the court concludes that the
magistrate judge’s findings and recommendations are supported by the record and by proper
1. The findings and recommendations issued on April 26, 2021, (Doc. No. 21), are adopted
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.
June 4, 2021
UNITED STATES DISTRICT JUDGE
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