(PC)Wessel v. Siskiyou County

Filing 16

ORDER signed by District Judge Troy L. Nunley on 1/10/2022 ADOPTING 12 Findings and Recommendations in full; DISMISSING 10 First Amended Complaint for failure to state a claim upon which relief can be granted; and DENYING plaintiff's Request for leave to file a second amended complaint. CASE CLOSED. (Coll, 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 ARON EZRA WESSEL, 12 Plaintiff, 13 14 No. 2:20-cv-02528-TLN-CKD v. ORDER SISKIYOU COUNTY, 15 Defendant. 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. 20 On September 17, 2021, the magistrate judge filed findings and recommendations herein 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. (ECF No. 12.) Plaintiff has 23 filed objections to the findings and recommendations. (ECF No. 14.) 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 September 17, 2021, (ECF No. 12), are 3 4 5 adopted in full; 2. Plaintiff’s amended complaint is dismissed for failure to state a claim upon which relief can be granted; 6 3. Plaintiff’s request for leave to file a second amended complaint is denied; and 7 3. This case is closed. 8 DATED: January 10, 2022 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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