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