Opinion
1:19-cv-00839-DAD-GSA (PC)
11-22-2021
ALBERT DENNIS SHERROD, Plaintiff, v. UNKNOWN, Defendant.
ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND DISMISSING CASE WITHOUT PREJUDICE
(DOC. NO. 32)
Plaintiff Albert Dennis Sherrod is a state prisoner proceeding pro se and in forma pauperis in 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 October 4, 2021, the assigned magistrate judge issued findings and recommendations, recommending that this action be dismissed due to plaintiff's failure to state a claim under 42 U.S.C. § 1983, without prejudice to his filing of a petition for writ of habeas corpus. (Doc. No. 32.) In particular, the magistrate judge found that plaintiff's claim is barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477, 487-88 (1994) and Edwards v. Balisok, 520 U.S. 641, 643-47 (1997). (Id. at 3.) The pending findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) 1 days from the date of service. (Id. at 3-4.) To date, no objections have been filed, and the time in which to do so has since 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 finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly,
1. The findings and recommendations issued on October 4, 2021 (Doc. No. 32) are adopted in full;
2. This action is dismissed due to plaintiffs failure to state a 42 U.S.C. § 1983 claim, without prejudice to his filing of a petition for writ of habeas corpus; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED. 2