Evans v. Solano County Sheriff

Filing 37

ORDER signed by District Judge Kimberly J. Mueller on 10/9/19 ADOPTING 33 Findings and Recommendations and DENYING as moot Motions 29 and 30 . Plaintiff's second amended complaint 28 is dismissed without leave to amend for failure to state a claim and failure to comply with the court's instructions. CASE CLOSED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY EVANS,

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Plaintiff,

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No. 2:17-cv-0020-KJM-EFB P

v.

ORDER

SOLANO COUNTY SHERIFF,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 19, 2019, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Despite an extension of time granted

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to plaintiff, he has not filed objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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magistrate judge are reviewed de novo by both the district court and [the appellate]

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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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1. The findings and recommendations filed July 19, 2019, are adopted in full;

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2. Plaintiff’s second amended complaint (ECF No. 28) is dismissed without leave to

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amend for failure to state a claim and failure to comply with the court’s instructions;

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3. All pending motions (ECF Nos. 29 & 30) are denied as moot; and

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4. The Clerk is directed to close the case.

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DATED: October 9, 2019.

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UNITED STATES DISTRICT JUDGE

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