O'Neill v. State of California et al

Filing 12

ORDER signed by District Judge John A. Mendez on 1/18/18 adopting 11 FINDINGS AND RECOMMENDATIONS: The complaint is dismissed without leave to amend for failure to state a claim. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NEAL O’NEILL,

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No. 2:17-cv-0212 JAM AC P
Plaintiff,

v.

ORDER

STATE OF CALIFONRIA, et al.,

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Defendants.

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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 pursuant to

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

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On October 2, 2017, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within twenty-one days. ECF No. 11. After

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plaintiff filed a notice of change of address in another case, the findings and recommendations

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were re-served on November 9, 2017. Plaintiff has not filed objections to the findings and

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recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
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1. The findings and recommendations filed October 2, 2017 (ECF No. 11), are adopted
in full; and

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2. The complaint is dismissed without leave to amend for failure to state a claim.

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IT IS SO ORDERED.

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DATED: January 18, 2018

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/s/ John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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