(PC)Robinson v. Jones et al

Filing 17

ORDER signed by District Judge Dale A. Drozd on 11/17/2022 ADOPTING the 14 Findings and Recommendations in full. This action is DISMISSED. CASE CLOSED. (Spichka, K.)

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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 JAVAUGHN K. ROBINSON, 12 Plaintiff, 13 v. 14 TY JONES, et al., 15 No. 2:22-cv-01640-DAD-KJN (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION Defendants. (Doc. No. 14) 16 17 Plaintiff Javaughn K. Robinson is a state prisoner proceeding pro se in this civil rights 18 action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 1, 2022, the assigned magistrate judge issued findings and 21 recommendations recommending that this action be dismissed because it is duplicative of 22 Robinson v. Jones, 2:22-cv-1717-KJM-CKD, a prior civil rights action filed by plaintiff that 23 remains pending in this court. (Doc. No. 14.) The pending findings and recommendations were 24 served on plaintiff and contained notice that any objections thereto were to be filed within 25 fourteen (14) days after service. (Id. at 2.) On November 10, 2022, plaintiff filed a document 26 captioned “Objections,” but in substance, plaintiff states therein that he requests that this action 27 be dismissed and advises that he will not make any further filings in this case. (Doc. No. 15.) 28 Thus, it is clear that plaintiff does not object to the pending findings and recommendations. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, including plaintiff’s filing 3 dated November 10, 2022, the court finds the findings and recommendations to be supported by 4 the record and by proper analysis. 5 Accordingly, 6 1. 7 The findings and recommendations issued on November 1, 2022 (Doc. No. 14) are adopted in full; 8 2. This action is dismissed; and 9 3. The Clerk of the Court is directed to close this case. 10 11 IT IS SO ORDERED. Dated: November 17, 2022 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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