(PC) Fisher v. Galyen et al

Filing 8

ORDER signed by District Judge Dale A. Drozd on 5/17/23 ADOPTING in full 7 Findings and Recommendations and DISMISSING plaintiff's complaint as duplicative. Plaintiff's 2 motion to proceed in forma pauperis is DENIED as MOOT. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AL GENE FISHER, JR.,

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Plaintiff,

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No. 2:22-cv-01965-DAD-DB (PC)

v.
T. GALYEN, et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
ACTION AS DUPLICATIVE
(Doc. No. 7)

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Plaintiff Al Gene Fisher, Jr. is a state prisoner proceeding pro se in this civil rights action

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brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 16, 2023, the assigned magistrate judge issued findings and recommendations

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recommending that the complaint be dismissed as duplicative of Fisher v. Galyen et al., No. 2:22-

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cv-01952-JDP, and that plaintiff’s motion to proceed in forma pauperis be denied as moot. (Doc.

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No. 7.) The pending findings and recommendations were served on plaintiff and contained notice

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that any objections thereto were to be filed within twenty (20) days after service. (Id. at 6.) To

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date, no objections to the findings and recommendations have been filed, and the time in which to

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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 March 16, 2023 (Doc. No. 7) are
adopted in full;

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2.

Plaintiff’s complaint (Doc. No. 1) is dismissed as duplicative;

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3.

Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied as moot;

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and

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4.

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IT IS SO ORDERED.

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Dated:

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

May 17, 2023
UNITED STATES DISTRICT JUDGE

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