(PC)Vera v. Warden

Filing 76

ORDER ADOPTING 65 Findings and Recommendations to Dismiss Action for Failure to State a Claim signed by District Judge Kirk E. Sherriff on 11/25/2024. (Xiong, J.)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 1:22-cv-00893-KES-CDB (PC) WILLIAM VERA, aka Memo Vera, 10 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOR FAILURE TO STATE A CLAIM Plaintiff, 11 v. 12 WARDEN, et al., 13 (Doc. 65) Defendants. 14 Plaintiff William Vera, also known as Memo Vera, is a state prisoner proceeding pro se 15 16 and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. This matter was 17 referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 18 302. 19 On June 10, 2024, the assigned magistrate judge issued findings and recommendations to 20 dismiss this action for plaintiff’s failure to state a claim upon which relief could be granted, 21 following screening of the second amended complaint. Doc. 65. Plaintiff was afforded 14 days 22 within which to file objections. Id. at 23-24. Thereafter, on June 25, 2024, the magistrate judge 23 granted plaintiff’s request for a 60-day extension of time within which to file objections. Doc. 68. 24 On July 8, 2024, plaintiff filed a notice of appeal. Doc. 69. The notice was processed to 25 the Ninth Circuit Court of Appeals and assigned case number 24-4190. Doc. 70. On August 29, 26 2024, the Ninth Circuit issued its order dismissing the appeal for a lack of jurisdiction. Doc. 72. 27 In accordance with 28 U.S.C. § 636 (b)(1), this Court has conducted a de novo review of 28 this case. Having reviewed the file, the Court finds the findings and recommendations to be 1 1 supported by the record and proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations issued on June 10, 2024 (Doc. 65) are ADOPTED 4 5 IN FULL; 2. This action is DISMISSED without leave to amend for plaintiff’s failure to state a 6 7 claim upon which relief can be granted; and 3. The Clerk of the Court is directed to terminate any pending motions and to close this 8 case. 9 10 11 12 IT IS SO ORDERED. Dated: November 25, 2024 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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