(PC) Scarzo v. Gruen et al

Filing 18

ORDER signed by Senior Judge William B. Shubb on 2/16/2021 ADOPTING in FULL 16 Findings and Recommendations. Plaintiff's second amended complaint is DISMISSED without further leave to amend for failure to state a claim upon which relief may be granted. CASE CLOSED(Reader, L)

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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 PAUL SCARZO, 12 Plaintiff, 13 14 No. 2:19-cv-0973 WBS CKD P v. ORDER KATHLEEN GRUEN, 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 January 12, 2021, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. 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 January 12, 2021, are adopted in full; 3 2. Plaintiff’s second amended complaint is dismissed without further leave to amend for 4 failure to state a claim upon which relief may be granted. 5 Dated: February 16, 2021 6 7 8 9 10 11 12 13 14 12/scar0973.804.docx 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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