(PC)Winter v. California Department of Corrections & Rehabilitation et al

Filing 10

ORDER ADOPTING 9 Findings and Recommendations, AND DISMISSING Action, signed by District Judge Anthony W. Ishii on 2/28/2022. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ) ) Plaintiff, ) ) v. ) ) CALIFORNIA DEPARTMENT OF ) CORRECTIONS AND REHABILITATION, ) et al., ) ) Defendants. ) ) ANDREANA WINTER, Case No. 1:21-cv-01194-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION (ECF No. 9) 18 Plaintiff Andreana Winter is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On January 10, 2022, the Magistrate Judge issued Findings and Recommendations 22 recommending that the instant action be dismissed for failure to state a cognizable claim for relief, 23 failure to prosecute, and failure to comply with a court order. (ECF No. 9.) These Findings and 24 Recommendations were served on the parties and contained notice that objections were to be filed 25 within fourteen days. (Id.) Plaintiff has not filed objections and the time to do so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. adopted in full; 3 4 2. The instant action is dismissed for failure to state a cognizable claim for relief, failure to prosecute, and failure to comply with a court order; 5 6 The Findings and Recommendations filed on January 10, 2022 (Doc. No. 9), are 3. The Clerk of Court is directed to terminate this action. 7 8 IT IS SO ORDERED. 9 Dated: February 28, 2022 10 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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