(PC) Phelps v. Perez et al

Filing 35

ORDER ADOPTING 33 Findings and Recommendations and DISMISSING Action Pursuant to Federal Rule of Civil Procedure 25 signed by District Judge Kirk E. Sherriff on 7/8/2024. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 PAUL PHELPS, 13 14 15 16 No. 1:22-cv-01406-KES-SAB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25 MANUEL PEREZ, et al., Doc. 33 Defendants. 17 18 Plaintiff Paul Phelps is proceeding pro se and in forma pauperis in this civil rights action 19 filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On February 5, 2024, the assigned magistrate judge issued findings and recommendations, 22 recommending that this action be dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1). 23 Doc. 33. The findings and recommendations were served on the parties and contained notice that 24 any objections thereto were to be filed within fourteen days after service. Id. No objections were 25 filed, and the time to do so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this court has conducted a de 27 novo review of the case. Having carefully reviewed the file, the court concludes that the findings 28 and recommendations are supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. 3 The findings and recommendations issued on February 5, 2024, Doc. 33, are adopted in full; 4 2. This action is dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1); and 5 3. The Clerk of the Court is directed to close this case. 6 7 8 9 IT IS SO ORDERED. Dated: July 8, 2024 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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