(PC) McKreith v. Ciprian

Filing 13

ORDER signed by District Judge Dale A. Drozd on 7/29/2022 GRANTING 11 Findings and Recommendations. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILBERT McKREITH,

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Plaintiff,

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No. 1:22-cv-00588-DAD-SAB (PC)

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

J. CIPRIAN, et al.,
(Doc. Nos. 7, 11)

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Defendants.

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Plaintiff Wilbert McKreith is a state prisoner proceeding pro se in this civil rights action

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filed pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2671–80. This

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.
On July 5, 2022, the assigned magistrate judge issued findings and recommendations,

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recommending that this action be dismissed due to plaintiff’s failure to state a cognizable claim

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upon which relief may be granted. (Doc. No. 11.) Those findings and recommendations were

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served on plaintiff and contained notice that any objections thereto were to be filed within

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fourteen (14) days of service. Plaintiff has not filed objections and the time in which to do so has

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since passed.

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

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de novo review of the case. Having carefully reviewed the entire file, the court finds the findings

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

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Accordingly,

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adopted;

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This action is dismissed due to plaintiff’s failure to state a cognizable claim upon
which relief may be granted; and

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Defendant’s motion to dismiss (Doc. No. 7) is denied as having been rendered
moot;

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The findings and recommendations issued on July 5, 2022 (Doc. No. 11) are

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

IT IS SO ORDERED.

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Dated:
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July 29, 2022
UNITED STATES DISTRICT JUDGE

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