(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARRON THOMAS SIMMONS, 12 13 14 15 16 No. 2:21-cv-0242 KJM AC P Plaintiff, v. ORDER SHASTA COUNTY DISTRICT ATTORNEY, et al., Defendants. 17 18 Plaintiff, a county prisoner proceeding pro se, has filed this civil rights action seeking 19 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as 20 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On February 22, 2021, the magistrate judge filed findings and recommendations, which 22 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 23 and recommendations were to be filed within twenty-one days. ECF No. 6. Plaintiff has filed 24 objections to the findings and recommendations. ECF No. 10. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having reviewed the file, and carefully 27 considered the objections, the court finds the findings and recommendations to be supported by 28 the record and by the proper analysis. The magistrate judge correctly identifies the possibility 1 1 plaintiff might be able to pursue certain of his claims by seeking habeas relief, if he first exhausts 2 any such claims in state court. The court also acknowledges plaintiff’s questions about the 3 different identifiers assigned to his case; the court notes the case number has remained the same, 4 but when this district judge was assigned as the judge to consider the magistrate judge’s 5 recommendations, the district judge’s initials – KJM - were added to the case identifier. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed February 22, 2021, ECF No. 6, are adopted in 8 9 10 11 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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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