(PC) Welk v. California Department of Corrections

Filing 39

ORDER signed by Senior Judge Morrison C. England, Jr on 6/4/21 ADOPTING 32 Findings and Recommendations. Plaintiff's claims against defendants Reece, Laufik, Ichimaru, Snyder, Smith, and Lozano are dismissed without leave to amend for failure to state a claim. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JAMES WELK,

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Plaintiff,

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v.

No. 2:18-cv-3008 MCE AC P

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendant.

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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.
On April 9, 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. 32. Plaintiff has filed

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objections to the findings and recommendations. ECF No. 36.
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 9, 2021, ECF No. 32, are adopted in

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full;
2. Plaintiff’s claims against defendants Reece, Laufik, Ichimaru, Snyder, Smith, and
Lozano are dismissed without leave to amend for failure to state a claim
IT IS SO ORDERED.
Dated: June 4, 2021

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