(PC) Ricalls v. Andrew

Filing 10

ORDER signed by District Judge Troy L. Nunley on 2/2/24 ADOPTING in full 9 Findings and Recommendations and 1 plaintiff's complaint is DISMISSED without prejudice. The Court DECLINES to issue a certificate of appealability. 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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JAMES LEONARD RICALLS,

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Plaintiff,

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No. 2:23-cv-00771-TLN-EFB

v.

ORDER

P. ANDREW,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 29, 2023, the magistrate judge filed findings and recommendations herein

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which were served on all parties, and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. The time to file

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objections has passed, and neither party filed objections to the findings and recommendations.
The Court reviewed the file and finds the findings and recommendations to be supported

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by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed on November 29, 2023 (ECF No. 9) are
ADOPTED IN FULL;

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2. Plaintiff’s Complaint (ECF No. 1) is DISMISSED without prejudice;

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3. The Court DECLINES to issue a certificate of appealability; and

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

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Date: February 2, 2024

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Troy L. Nunley
United States District Judge

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