Dudley v. Kohler et al
Filing
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ORDER signed by Senior Judge Morrison C. England, Jr on 6/4/2021 ADOPTING the findings and recommendations filed 4/28/2021, 29 , in full;GRANTING Defendant's motion to dismiss, 23 ; and DISMISSING this action as barred by claim preclusion. CASE CLOSED (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CLYDE A. DUDLEY, II,
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No. 2:17-cv-2308 MCE AC P
Plaintiff,
v.
ORDER
LORI KOHLER, 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 April 28, 2021, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within twenty-one days. ECF No. 29. Plaintiff
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has filed objections to the findings and recommendations, ECF No. 30, to which defendant has
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responded, ECF No. 31.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed April 28, 2021, ECF No. 29, are adopted in
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full;
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2. Defendant’s motion to dismiss, ECF No. 23, is GRANTED; and
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3. This action is DISMISSED as barred by claim preclusion.
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IT IS SO ORDERED.
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Dated: June 4, 2021
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