Opinion
2:22-cv-01640-DAD-KJN (PC)
11-17-2022
JAVAUGHN K. ROBINSON, Plaintiff, v. TY JONES, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION (DOC. NO. 14)
Plaintiff Javaughn K. Robinson is a state prisoner proceeding pro se 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 November 1, 2022, the assigned magistrate judge issued findings and recommendations recommending that this action be dismissed because it is duplicative of Robinson v. Jones, 2:22-cv-1717-KJM-CKD, a prior civil rights action filed by plaintiff that remains pending in this court. (Doc. No. 14.) 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 2.) On November 10, 2022, plaintiff filed a document captioned “Objections,” but in substance, plaintiff states therein that he requests that this action be dismissed and advises that he will not make any further filings in this case. (Doc. No. 15.) Thus, it is clear that plaintiff does not object to the pending findings and recommendations.
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, including plaintiff's filing dated November 10, 2022, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, 1. The findings and recommendations issued on November 1, 2022 (Doc. No. 14) are adopted in full;
2. This action is dismissed; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.