Hammler v. Director of CDCR et al

Filing 97

ORDER ADOPTING 95 Findings and Recommendations in full signed by Senior Judge Morrison C. England, Jr. on 03/25/20 GRANTING 67 Motion to Dismiss. CASE CLOSED (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, 12 No. 2:17-cv-01949 MCE DB P Plaintiff, 13 v. ORDER 14 DIRECTOR OF CDCR, 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 February 11, 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 fourteen days. (ECF No. 95.) Plaintiff 23 has filed objections to the findings and recommendations. (ECF No. 96.) 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 February 11, 2020, are adopted in full; 3 2. Defendant’s motion to dismiss (ECF No. 67) is granted; and 4 3. 5 IT IS SO ORDERED. 6 The Clerk of Court is directed to close the case. Dated: March 25, 2020 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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