(PS) Peden, et al., v. Bernard et al

Filing 6

ORDER signed by District Judge Troy L. Nunley on 9/1/2023 ADOPTING 3 Findings and Recommendations in full, DISMISSING 1 Complaint without leave to amend, and DENYING 2 Motion to Proceed IFP. CASE CLOSED. (Clemente Licea, O)

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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 WESLEY PEDEN; BRUNO BERRY, 12 Plaintiffs, 13 14 No. 2:23-cv-0524-TLN-DB v. ORDER GEORGE BERNARD, et al., 15 Defendants. 16 Plaintiff is proceeding in this action pro se. The matter was referred to a United States 17 18 Magistrate Judge pursuant to Local Rule 302(c)(21). On May 10, 2023, the magistrate judge filed findings and recommendations herein which 19 20 were served on Plaintiff, and which contained notice to Plaintiff that any objections to the 21 findings and recommendations were to be filed within fourteen days after service of the findings 22 and recommendations. The fourteen-day period has expired, and Plaintiff has filed objections to 23 the findings and recommendations. The Court reviewed the file and finds the findings and recommendations to be supported 24 25 by the record and by the magistrate judge’s analysis. 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 10, 2023 (ECF No. 3) are ADOPTED 3 4 5 6 7 8 9 IN FULL; 2. Plaintiff’s March 20, 2023 complaint (ECF No. 1) is DISMISSED without leave to amend; 3. Plaintiff’s March 20, 2023 application to proceed in forma pauperis (ECF No. 2) is DENIED; and 4. The Clerk of Court is directed to close this case. Date: September 1, 2023 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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