Shannon v. California Department of Corrections and Rehabilitation

Filing 36

ORDER signed by District Judge John A. Mendez on 10/10/19 ADOPTING 35 Findings and Recommendations in full; Plaintiff's second amended complaint is DISMISSED without leave to amend for failure to state a claim; This action is DISMISSED; The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MYCHAEL TYRONE SHANNON, 12 Plaintiff, 13 14 No. 2:17-CV-1084-JAM-DMC-P v. ORDER RALPH DIAZ, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On August 16, 2019, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. No objections to the findings and recommendations 23 have been filed. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 16, 2019, are adopted in 2. Plaintiff’s second amended complaint is dismissed without leave to amend 3 4 5 full; for failure to state a claim; 6 3. This action is dismissed; and 7 4. The Clerk of the Court is directed to enter judgment and close this file. 8 9 Dated: October 10, 2019 /s/ John A. Mendez HONORABLE JOHN A. MENDEZ United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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