Morris v. Jennings et al.

Filing 15

ORDER signed by Chief Judge Morrison C. England, Jr on 9/3/2014 ADOPTING in full the 6/13/2014 findings and recommendations 13 ; petitioner's verbal harassment claim raised in his First Amended Complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. (Yin, K)

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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 LEON E. MORRIS, 12 Plaintiff, 13 14 No. 2:13-cv-1134 MCE AC P v. ORDER JENNINGS, 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 June 13, 2014, the magistrate judge filed findings and recommendations herein (ECF 20 21 No. 13) which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. Neither 23 party has filed objections to the findings and recommendations. 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 2 3 4 5 6 7 8 The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly: 1. The Findings and Recommendations filed June 13, 2014, ECF No. 13, are ADOPTED IN FULL; and 2. Petitioner’s verbal harassment claim raised in his First Amendment Complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. IT IS SO ORDERED. Dated: September 3, 2014 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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