Garces v. Pickett et al
Filing
114
ORDER signed by District Judge John A. Mendez on 6/22/2020 ADOPTING 105 Findings and Recommendations in full. DENYING 66 Defendants' Motion for Judgment on the Pleadings; The grievance and property claims against Defendants Pickett and Chapman are DISMISSED without leave to amend for the reasons set forth in Section V of the screening order 21 at 4-6. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
LUIS MANUEL GARCES,
12
Plaintiff,
13
14
v.
No. 2:17-cv-0319 JAM AC P
ORDER
J. PICKETT, 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 March 30, 2020, the magistrate judge filed findings and recommendations herein
20
21
which were served on all parties and which contained notice to all parties that any objections to
22
the findings and recommendations were to be filed within twenty-one days. ECF No. 105. Both
23
parties have filed objections to the findings and recommendations. ECF Nos. 106, 107.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
24
25
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
26
court finds the findings and recommendations to be supported by the record and by proper
27
analysis.
28
/////
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed March 30, 2020 (ECF No. 105), are adopted
3
in full;
4
2. Defendants’ motion for judgment on the pleadings (ECF No. 66) is denied; and
5
3. The grievance and property claims against defendants Pickett and Chapman are
6
dismissed without leave to amend for the reasons set forth in Section V of the screening order
7
(ECF No. 21 at 4-6).
8
9
10
11
DATED: June 22, 2020
/s/ John A. Mendez____________
_____
UNITED STATES DISTRICT COURT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?