(PC)Frye v. Pfiefer et al

Filing 19

ORDER ADOPTING 18 Findings and Recommendations to Dismiss Action for Failure to State a Claim Upon Which Relief can be Granted, signed by District Judge Kirk E. Sherriff on 11/26/2024. CASE CLOSED. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JHONATHAN FRYE,

12

Plaintiff,

13
14

v.
PFIEFER, Warden, et al.,

15

Defendants.

Case No.: 1:21-cv-01525-KES-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS ACTION
FOR FAILURE TO STATE A CLAIM UPON
WHICH RELIEF CAN BE GRANTED
Doc. 18

16
Plaintiff Jhonathan Frye is proceeding pro se and in forma pauperis in this civil rights

17
18

action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

19

magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On October 8, 2024, the assigned magistrate judge issued findings and recommendations

21

recommending the action be dismissed for Plaintiff’s failure to state a claim upon which relief can

22

be granted. Doc. 18. The findings and recommendations were served on Plaintiff and contained

23

notice that objections were to be filed within fourteen (14) days of service. Id. at 5. Plaintiff has

24

not filed any objections, and the time to do so has passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has conducted a de

25
26

novo review of this case. Having carefully reviewed the file, the Court finds the findings and

27

recommendations to be supported by the record and by proper analysis.

28

///

1

Accordingly, IT IS ORDERED that:

2

1. The findings and recommendations issued on October 8, 2024, Doc. 18, are

3
4

ADOPTED IN FULL;
2. The action is DISMISSED for Plaintiff’s failure to state a claim upon which relief can

5
6

be granted; and,
3. The Clerk of the Court is directed to terminate all pending motions and to CLOSE this

7

case.

8
9
10
11

IT IS SO ORDERED.
Dated:

November 26, 2024
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2