(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:22-cv-00893-KES-CDB (PC)

WILLIAM VERA, aka Memo Vera,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
ACTION FOR FAILURE TO STATE A
CLAIM

Plaintiff,

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v.

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WARDEN, et al.,

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(Doc. 65)
Defendants.

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Plaintiff William Vera, also known as Memo Vera, is a state prisoner proceeding pro se

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and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. This matter was

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referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

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302.

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On June 10, 2024, the assigned magistrate judge issued findings and recommendations to

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dismiss this action for plaintiff’s failure to state a claim upon which relief could be granted,

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following screening of the second amended complaint. Doc. 65. Plaintiff was afforded 14 days

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within which to file objections. Id. at 23-24. Thereafter, on June 25, 2024, the magistrate judge

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granted plaintiff’s request for a 60-day extension of time within which to file objections. Doc. 68.

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On July 8, 2024, plaintiff filed a notice of appeal. Doc. 69. The notice was processed to

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the Ninth Circuit Court of Appeals and assigned case number 24-4190. Doc. 70. On August 29,

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2024, the Ninth Circuit issued its order dismissing the appeal for a lack of jurisdiction. Doc. 72.

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In accordance with 28 U.S.C. § 636 (b)(1), this Court has conducted a de novo review of

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this case. Having reviewed the file, the Court finds the findings and recommendations to be
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supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued on June 10, 2024 (Doc. 65) are ADOPTED

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IN FULL;
2. This action is DISMISSED without leave to amend for plaintiff’s failure to state a

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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

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case.

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IT IS SO ORDERED.
Dated:

November 25, 2024
UNITED STATES DISTRICT JUDGE

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