Arboleda v. O'Banion

Filing 27

ORDER signed by District Judge Troy L. Nunley on 5/11/2020 ADOPTING 26 Findings and Recommendations in full. Plaintiff's Third Amended Complaint is DISMISSED without leave to amend for failure to state a cognizable claim; and The Clerk of the Court is directed to close the case. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OSCAR TORRES ARBOLEDA,

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Plaintiff,

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No. 2:17-cv-00442-TLN-EFB

v.

ORDER

G. O’BANION,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 10, 2020, the magistrate judge filed findings and recommendations herein
which were served on Plaintiff and which contained notice to Plaintiff that any objections to the
findings and recommendations were to be filed within fourteen days. (ECF No. 26.) Plaintiff has
not filed objections to the findings and recommendations.1
The Court has reviewed the file and finds the findings and recommendations to be

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Although it appears from the file that Plaintiff’s copy of the findings and
recommendations was returned, Plaintiff was properly served. It is Plaintiff’s responsibility to
keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service
of documents at the record address of the party is fully effective.
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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 March 10, 2020 (ECF No. 26), are
ADOPTED IN FULL;
2. Plaintiff’s Third Amended Complaint is DISMISSED without leave to amend for
failure to state a cognizable claim; and

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3. The Clerk of the Court is directed to close the case.

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IT IS SO ORDERED.

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DATED: May 11, 2020

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Troy L. Nunley
United States District Judge

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