(PC) Schowachert v. Polley

Filing 16

ORDER ADOPTING 8 Findings and Recommendations DISMISSING Action as Duplicative signed by District Judge Kirk E. Sherriff on 7/3/2024. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNPAUL SCHOWACHERT, 12 Plaintiff, 13 v. 14 BILL POLLEY, 15 No. 1:23-cv-01645-KES-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DISMISSING ACTION AS DUPLICATIVE (Doc. 8) Defendant. 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 17 18 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 19, 2023, the assigned magistrate judge issued findings and 20 21 recommendations recommending that the instant action be dismissed as duplicative of 22 Schowachert v. Polley, No. 1:21-cv-01107-NODJ-HBK (Schowachert I).1 Doc. 8. The findings 23 and recommendations were served on plaintiff and contained notice that objections were to be 24 filed within fourteen days. Id. at 4. 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 On March 14, 2024, Schowachert I was reassigned to District Judge Kirk E. Sherriff and the case number changed to 1:21-cv-01107-KES-HBK. 1 1 28 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 on December 19, 2023, Doc. 8, are 5 6 ADOPTED IN FULL; 2. This action is DISMISSED as duplicative of Schowachert v. Polley, No, 1:21-cv- 7 8 01107-KES-HBK; and 3. The Clerk of Court is directed to close this case. 9 10 11 12 IT IS SO ORDERED. Dated: July 3, 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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