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Davis v. Hanford Police Dep't

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 13, 2020
No. 1:19-cv-01204-DAD-EPG (PC) (E.D. Cal. Mar. 13, 2020)

Opinion

No. 1:19-cv-01204-DAD-EPG (PC)

03-13-2020

CHARLES DAVIS, Plaintiff, v. HANFORD POLICE DEPARTMENT, et al., Defendants.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CASE

(Doc. No. 9, 10)

Plaintiff Charles Davis is proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On February 11, 2020, the assigned magistrate judge issued findings and recommendations, recommending that this action be dismissed due to plaintiff's failure to state a claim, failure to prosecute, and failure to comply with a court order. (Doc. No. 9.) The findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within twenty-one (21) days of service of the order. (Id.) On February 14, 2020, plaintiff filed a document that the court construes as objections to the findings and recommendations. (Doc. No. 10.) In those objections, plaintiff indicates that he "wishe[es] to stand on [his] complaint as is," (id.), even though the magistrate judge has already informed him twice that his complaint does not state any cognizable claims. (See Doc. Nos. 7, 9.)

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, including plaintiff's objections, the court concludes that the findings and recommendations are supported by the record and proper analysis.

Accordingly:

1. The findings and recommendations issued on February 11, 2020 (Doc. No. 9), are adopted;

2. This action is dismissed due to plaintiff's failure to state a claim; and

3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.

Dated: March 13 , 2020

/s/_________

UNITED STATES DISTRICT JUDGE


Summaries of

Davis v. Hanford Police Dep't

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 13, 2020
No. 1:19-cv-01204-DAD-EPG (PC) (E.D. Cal. Mar. 13, 2020)
Case details for

Davis v. Hanford Police Dep't

Case Details

Full title:CHARLES DAVIS, Plaintiff, v. HANFORD POLICE DEPARTMENT, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 13, 2020

Citations

No. 1:19-cv-01204-DAD-EPG (PC) (E.D. Cal. Mar. 13, 2020)