(PC) Foster v. Newsom

Filing 32

ORDER signed by District Judge Troy L. Nunley on 1/10/22 ADOPTING in full 31 Findings and Recommendations and DISMISSING this action for failure to state a claim. All pending motions 6 , 23 , are DENIED as moot. CASE CLOSED(Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN LEE FOSTER, 12 Plaintiff, 13 14 No. 2:21-cv-00316-TLN-DMC v. ORDER GAVIN NEWSOM, 15 Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 17 18 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of 19 California local rules. On October 12, 2021, the Magistrate Judge filed findings and recommendations herein 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. (ECF No. 31.) No objections to the findings and 23 recommendations have been filed. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The findings and recommendations filed October 12, 2021, (ECF No. 31), are adopted in full; 4 2. This action is dismissed for failure to state a claim; 5 3. All pending motions, (ECF Nos. 6 and 23), are DENIED as moot; and 6 4. The Clerk of the Court is directed to enter judgment and close this file. 7 DATED: January 10, 2022 8 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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