Opinion
2:22-cv-00276-DAD-DMC (PC)
08-04-2023
DARRELL EUGENE JOHNSON, Plaintiff, v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION AS DUPLICATIVE
(DOC. NO. 17)
Plaintiff Darrell Eugene Johnson is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 13, 2023, the assigned magistrate judge issued findings and recommendations recommending that the complaint be dismissed as duplicative of Johnson v. California Department of Corrections, et al., 2:21-cv-02348-WBS-DMC. (Doc. No. 17.) The pending findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 4.) To date, no objections have been filed, and the time in which to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the findings and recommendations are supported by the record and by proper analysis.
Accordingly:
1. The findings and recommendations issued on June 13, 2023 (Doc. No. 17) are adopted in full;
2. Plaintiff's complaint (Doc. No. 1) is dismissed without leave to amend as duplicative of Johnson v. California Department of Corrections, et al., 2:21-cv-02348-WBS-DMC; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.