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Lupercio v. Mendoza

United States District Court, Eastern District of California
Aug 3, 2021
1:21-cv-00580-DAD-HBK (E.D. Cal. Aug. 3, 2021)

Opinion

1:21-cv-00580-DAD-HBK

08-03-2021

RAMON NAVARRO LUPERCIO, Plaintiff, v. MACARIO MENDOZA, Defendant.


(Doc. No. 6)

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION

Plaintiff Ramon Navarro Lupercio is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action brought 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 July 12, 2021, the assigned magistrate judge screened plaintiff's complaint and issued findings and recommendations recommending that this action be dismissed due to plaintiff's failure to state a cognizable claim upon which relief may be granted. (Doc. No. 6.) Those 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 5.) To date, no objections to the pending findings and recommendations 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 July 12, 2021 (Doc. No. 6) are adopted in full;

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.


Summaries of

Lupercio v. Mendoza

United States District Court, Eastern District of California
Aug 3, 2021
1:21-cv-00580-DAD-HBK (E.D. Cal. Aug. 3, 2021)
Case details for

Lupercio v. Mendoza

Case Details

Full title:RAMON NAVARRO LUPERCIO, Plaintiff, v. MACARIO MENDOZA, Defendant.

Court:United States District Court, Eastern District of California

Date published: Aug 3, 2021

Citations

1:21-cv-00580-DAD-HBK (E.D. Cal. Aug. 3, 2021)

Citing Cases

Lupercio v. Lopez

; Lupercio v. Mendoza, No. 1:21-CV-580-DAD-HBK, 2021 WL 2915053, at *1 (E.D. Cal. July 12, 2021), report and…

Lupercio v. Lopez

(the Section 1983 claims against all Defendants are not cognizable because Defendants did not act under the…