(PC) Brownlee v. Overstreet et al

Filing 41

ORDER signed by District Judge Dale A. Drozd on 08/27/2024 ADOPTING 40 Findings and Recommendations in Full, GRANTING 35 Motion to Dismiss, and DISMISSING this action without leave to amend. CASE CLOSED. (Murphy, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN JUSTIN BROWNLEE,

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No. 2:21-cv-00610-DAD-DMC (PC)

Plaintiff,
v.
JACKIE OVERSTREET,
Defendant.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANT’S MOTION TO DISMISS
(Doc. Nos. 35, 40)

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Plaintiff Benjamin Justin Brownlee is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 30, 2024, the assigned magistrate judge issued findings and recommendations

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recommending that defendant’s motion to dismiss this action (Doc. No. 35) be granted. (Doc.

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No. 40.) Those findings and recommendations were served on the parties and contained notice

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that any objections thereto were to be filed within fourteen (14) days from the date of service.

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(Id. at 8.) To date, no objections to the pending findings and recommendations have been filed,

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and the time in which to do so has now passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

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findings and recommendations are supported by the record and by proper analysis.
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Accordingly,

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1.

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The findings and recommendations issued on July 30, 2024 (Doc. No. 40) are
adopted in full;

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2.

Defendant’s motion to dismiss (Doc. No. 35) is granted;

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3.

This action is dismissed, without leave to amend; and

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4.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

August 27, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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