(PC) Montgomery v. CDCR Corrections Officer, et al.

Filing 17

ORDER ADOPTING 15 Findings and Recommendations signed by District Judge Kirk E. Sherriff on 7/9/2024. CASE CLOSED. (Xiong, J.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAULINE V. MONTGOMERY, 12 Plaintiff, 13 No. 1:23-cv-01044-KES-GSA (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. Doc. 15 14 CDCR CORRECTIONS OFFICER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 6, 2024, the magistrate judge issued findings and recommendations 20 21 recommending that the instant action be dismissed as duplicative of Montgomery v. CDCR 22 Corrections Officer, No. 1:23-cv-00439-NODJ-BAM (Montgomery I).1 Doc. 15. The findings 23 and recommendations were served on Plaintiff and contained notice that objections were to be 24 filed within fourteen days. Id. at 5. Plaintiff did not file objections and the time to do so has 25 passed. In accordance with 28 U.S.C. § 636(b)(1), this court has conducted a de novo review of 26 27 28 1 On March 14, 2024, Montgomery I was reassigned to the undersigned and the case number changed to 1:23-cv-00439-KES-BAM. 1 1 this case. Having carefully reviewed the file, the court concludes that the magistrate judge’s 2 findings and recommendations are supported by the record and proper analysis. 3 Accordingly, IT IS HEREBY ORDERED: 4 1. The findings and recommendations issued February 6, 2024, Doc. 15, are ADOPTED 5 6 7 8 IN FULL; 2. This matter is DISMISSED as duplicative of Montgomery v. CDCR Corrections Officer, No. 1:23-cv-00439-KES-BAM; and 3. The Clerk of Court is directed to close this case. 9 10 11 12 IT IS SO ORDERED. Dated: July 9, 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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