Zevallos v. Allison et al

Filing 18

ORDER signed by District Judge Troy L. Nunley on 7/30/21 ADOPTING 16 Findings and Recommendations. The Second Amended Complaint is DISMISSED without leave to amend for failure tostate a claim. (Kaminski, H)

Case 2:18-cv-01111-TLN-AC Document 18 Filed 08/02/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGEL ZEVALLOS,

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No. 2:18-cv-01111-TLN-AC

Plaintiff,
v.

ORDER

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KATHLEEN ALLISON, et al.,

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Defendants.

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Plaintiff Angel Zevallos (“Plaintiff”), a state prisoner proceeding pro se, has filed this

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civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 22, 2021, the magistrate judge filed findings and recommendations herein which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within twenty-one days. (ECF No. 16.) Plaintiff has filed

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objections to the findings and recommendations, but they do not address the magistrate judge’s

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finding that his Second Amended Complaint fails to state a claim upon which relief may be

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granted. (ECF No. 17.)

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
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Case 2:18-cv-01111-TLN-AC Document 18 Filed 08/02/21 Page 2 of 2
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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed June 22, 2021 (ECF No. 16), are ADOPTED

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IN FULL;
2. The Second Amended Complaint is DISMISSED without leave to amend for failure to
state a claim.
IT IS SO ORDERED.
DATED: July 30, 2021

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Troy L. Nunley
United States District Judge

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