(PC) Jacques v. Macomber et al

Filing 21

ORDER signed by Chief District Judge Troy L. Nunley on 1/24/2025 ADOPTING 14 Findings and Recommendations in full, DISMISSING the official capacity claims against Defendant Franceschi and all claims against Defendant Macomber without prejudice and REFERRING this matter back to the assigned Magistrate Judge for all further pretrial proceedings. (Deputy Clerk OML)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL E. JACQUES, 12 Plaintiff, 13 14 15 v. No. 2:23-cv-00345-TLN-AC ORDER JEFF MACOMBER, et al., Defendants. 16 17 Plaintiff Michael E. Jacques (“Plaintiff”), a state prisoner proceeding pro se, filed this 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 5, 2024, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. (ECF No. 14.) Plaintiff 23 has not filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations (ECF No. 14) are ADOPTED IN FULL; 28 2. For the reasons set forth in the September 23, 2024 Screening Order (ECF No. 10 at 4– 1 1 6), the official capacity claims against Defendant Franceschi and all claims against Defendant 2 Macomber are DISMISSED without prejudice; 3 4 5 6 3. The Clerk of the Court is directed to terminate Defendant Macomber from this action; and 4. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. 7 IT IS SO ORDERED. 8 Date: January 24, 2025 9 10 11 12 ___________________________________ TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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