(PC) Hall v. Gary et al

Filing 16

ORDER signed by District Judge Daniel J. Calabretta on 05/10/2024 ADOPTING 12 Findings and Recommendations in full and DISMISSING 10 Second Amended Complaint without leave to amend. CASE CLOSED. (Nair, C)

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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 DAMIEN LASHON HALL, 12 Plaintiff, 13 v. 14 No. 2:23-cv-0680 DJC DB P ORDER JENNIFER GARY, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 17 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 5, 2024, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within twenty-one 23 days. Plaintiff has not filed objections to the findings and recommendations.1 24 //// 25 //// 26 1 27 28 On March 7, 2024, Plaintiff filed a document with the Court (ECF No. 15) that the Court construes as an attempt to provide additional support for the allegations in his complaint. However, even considering this information, Plaintiff has not responded to the defects identified in the Magistrate Judge’s various orders in this case. 1 1 The Court has reviewed the file and finds the findings and recommendations to 2 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 3 HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 12) are adopted in full; 5 2. The second amended complaint is dismissed without leave to amend; and 6 3. The Clerk of the Court is directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: May 10, 2024 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 DLB:9/hall0680.800 23 24 25 26 27 28 2

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