(PC) Simmons v. Shasta County District Attorney et al

Filing 13

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/2021 ADOPTING #6 The Findings and Recommendations in full; The complaint is DISMISSED without leave to amend for failure to state a claim; and The Clerk of Court is direct to close this case. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARRON THOMAS SIMMONS,

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No. 2:21-cv-0242 KJM AC P

Plaintiff,
v.

ORDER

SHASTA COUNTY DISTRICT
ATTORNEY, et al.,
Defendants.

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Plaintiff, a county prisoner proceeding pro se, has filed this civil rights action seeking

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relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 22, 2021, the magistrate judge filed findings and recommendations, 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. 6. Plaintiff has filed

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objections to the findings and recommendations. ECF No. 10.

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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 reviewed the file, and carefully

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considered the objections, the court finds the findings and recommendations to be supported by

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the record and by the proper analysis. The magistrate judge correctly identifies the possibility
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plaintiff might be able to pursue certain of his claims by seeking habeas relief, if he first exhausts

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any such claims in state court. The court also acknowledges plaintiff’s questions about the

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different identifiers assigned to his case; the court notes the case number has remained the same,

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but when this district judge was assigned as the judge to consider the magistrate judge’s

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recommendations, the district judge’s initials – KJM - were added to the case identifier.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 22, 2021, ECF No. 6, are adopted in

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full;
2. The complaint is dismissed without leave to amend for failure to state a claim; and
3. The Clerk of Court is direct to close this case.
DATED: March 31, 2021.

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