(PC)Ramirez v. Khale ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISRAEL MALDONADO RAMIREZ, No. 1:21-cv-01237-NONE-GSA-PC 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL 13 vs. (Doc. No. 15.) 14 KHALE, ORDER DISMISSING ACTION, WITHOUT 15 Defendant. PREJUDICE TO FILING A PETITION FOR WRIT OF HABEAS CORPUS 16 ORDER FOR CLERK TO CLOSE CASE 17 18 19 20 Plaintiff, Israel Maldonado Ramirez, is a state prisoner proceeding pro se in this civil 21 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 22 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On October 4, 2021, findings and recommendations were entered, recommending that 24 this case be dismissed as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and Edwards v. 25 Balisok, 520 U.S. 641 (1997). (Doc. No. 15.) On October 18, 2021, plaintiff filed objections 26 to the findings and recommendations. (Doc. No. 16.) 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 || including plaintiffs objections, which do not address materially the magistrate judge’s 2 || reasoning, the court finds the findings and recommendations to be supported by the record and 3 || proper analysis. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. The findings and recommendations issued on October 4, 2021, (Doc. No. 15), 6 are adopted in full; 7 2. This case is dismissed, without prejudice to plaintiff filing a petition for writ of 8 habeas corpus; and 9 3. The clerk is directed to close this case. 10 ul IT IS SO ORDERED. ~ 12 Dated: _ October 26, 2021 Dil 1 £ Aan 3 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28