(PC) Terry Shorts v. Pfeiffer

Filing 23

ORDER ADOPTING 20 Findings and Recommendations; ORDERED that this action be Dismissed due to Plaintiff's failure to state a cognizable claim; ORDERED that all pending motions 5 , 11 , 15 , 22 , are Denied as having been rendered Moot, signed by District Judge Dale A. Drozd on 09/7/2021. CASE CLOSED (Martin-Gill, S)

Case 1:21-cv-00638-DAD-EPG Document 23 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRY SHORTS,

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No. 1:21-cv-00638-DAD-EPG (PC)

Plaintiff,
v.
CHRISTIAN PFEIFFER,
Defendant.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION
(Doc. No. 20)

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Plaintiff Terry Shorts is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983. The 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 June 14, 2021, the assigned magistrate judge screened plaintiff’s Second Amended

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Complaint and entered findings and recommendations, recommending that this action be

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dismissed due to plaintiff’s failure to state a claim. The pending findings and recommendations

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were served on petitioner and contained notice that any objections were to be filed within twenty-

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one (21) days of the date of service of the findings and recommendations. On July 12, 2021,

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petitioner’s objections were docketed. (Doc. No. 21.)

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In the objections, petitioner expresses numerous, unsupported disagreements with the
members of the federal judiciary presiding over this case and the conditions he alleges he is
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Case 1:21-cv-00638-DAD-EPG Document 23 Filed 09/07/21 Page 2 of 2
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facing at the jail where he is incarcerated. (Doc. No. 21.) However, plaintiff’s objections present

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no arguments nor provide any basis upon which to reject the pending findings and

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recommendations.

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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, 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 by proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on June 14, 2021 (Doc. No. 20) are
adopted in full;

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2.

This action is dismissed due to plaintiff’s failure to state a cognizable claim;

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3.

All pending motions (Doc. Nos. 5, 11, 15, 22) are denied as having been rendered

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moot; and
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The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.
Dated:

September 7, 2021
UNITED STATES DISTRICT JUDGE

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