(PC) Vargas v. Gonzales et al

Filing 18

ORDER ADOPTING 16 Findings and Recommendations; ORDER DISMISSING Plaintiff's Complaint; ORDER DENYING Plaintiff's 7 Motion for Temporary Restraining Order, signed by District Judge Anthony W. Ishii on 04/01/2021. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO JAVIER VARGAS, JR.,

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Plaintiff,
v.
G. GONZALES, et al.,

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Defendants.

Case No. 1:20-cv-001634-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
PLAINTIFF’S COMPLAINT, AND
DENYING PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING ORDER
(Doc. No. 16)

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Plaintiff Francisco Javier Vargas, Jr., is a state inmate proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of

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California Local Rule 302.

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On February 18, 2021, the magistrate judge entered findings and recommendations,

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recommending that Plaintiff’s complaint be dismissed without leave to amend as frivolous and

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that Plaintiff’s motion for temporary restraining order be denied. Doc. No. 16. Plaintiff was

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provided an opportunity to file objections to the findings and recommendations within twenty-one

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days. Id. Plaintiff timely filed objections on March 1, 2021. Doc. No. 17.

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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 this case. Having carefully reviewed the entire file, including Plaintiff’s

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objections, the Court concludes that the findings and recommendations are supported by the

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record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations (Doc. No. 16) entered February 18, 2021, are
ADOPTED in full;
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Plaintiff’s complaint (Doc. No. 1) is DISMISSED with prejudice;

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Plaintiff’s motion for a temporary restraining order (Doc. No. 7) is DENIED; and

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The Clerk of Court is directed to CLOSE this case.

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IT IS SO ORDERED.
Dated: April 1, 2021
SENIOR DISTRICT JUDGE

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