(PC) Bueno v. Pfeiffer et al

Filing 9

ORDER ADOPTING 7 Findings and Recommendations, and DISMISSING Action for Failure to State a Cognizable Claim for Relief signed by District Judge Dale A. Drozd on 1/6/2022. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSENDO BUENO,

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Plaintiff,
v.
CHRISTIAN PFEIFFER, et al.,
Defendants.

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No.: 1:21-cv-01522-NONE-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
ACTION FOR FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF
(Doc. No. 7)

Plaintiff Rosendo Bueno is appearing pro se in this civil rights action pursuant to 42 U.S.C.

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§ 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302.

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On November 29, 2021, the assigned magistrate judge issued findings and recommendations

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recommending that the instant action be dismissed for failure to state a cognizable claim for relief.

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(Doc. No. 7.) The findings and recommendations were served on plaintiff and contained notice that

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objections were to be filed within fourteen days. (Id. at 6.) Plaintiff filed objections on January 3,

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2022. (Doc. No. 8.)

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

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novo review of this case. Having carefully reviewed the entire file, including plaintiff’s objections, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Plaintiff’s objections do not meaningfully undermine the magistrate judge’s conclusion that his claims
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are barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), because a favorable ruling in this case

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would undermine a prison disciplinary determination that impacts plaintiff being awarded good time

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credits.

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Accordingly,

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adopted; and

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This action is dismissed, without prejudice, due to plaintiff’s failure to state a
cognizable claim for relief.

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The findings and recommendations issued on November 29, 2021, (Doc. No. 7), are

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The Clerk of the Court is directed to assign a district judge to this action for the
purposes of closure and then to close this case.

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IT IS SO ORDERED.
Dated:

January 6, 2022
UNITED STATES DISTRICT JUDGE

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