(PC) Sherrod v. Unknown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALBERT DENNIS SHERROD, No. 1:19-cv-00839-DAD-GSA (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND 14 UNKNOWN, DISMISSING CASE WITHOUT PREJUDICE 15 Defendant. (Doc. No. 32) 16 17 18 Plaintiff Albert Dennis Sherrod is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a 20 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 4, 2021, the assigned magistrate judge issued findings and recommendations, 22 recommending that this action be dismissed due to plaintiff’s failure to state a claim under 42 23 U.S.C. § 1983, without prejudice to his filing of a petition for writ of habeas corpus. (Doc. No. 24 32.) In particular, the magistrate judge found that plaintiff’s claim is barred by the favorable 25 termination rule of Heck v. Humphrey, 512 U.S. 477, 487–88 (1994) and Edwards v. Balisok, 520 26 U.S. 641, 643–47 (1997). (Id. at 3.) The pending findings and recommendations were served on 27 plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) 28 ///// 1 | days from the date of service. Ud. at 3-4.) To date, no objections have been filed, and the time in 2 | which to do so has since passed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 4 | de novo review of the case. Having carefully reviewed the entire file, the court finds the findings 5 || and recommendations to be supported by the record and by proper analysis. 6 Accordingly, 7 1. The findings and recommendations issued on October 4, 2021 (Doc. No. 32) are 8 adopted in full; 9 2. This action is dismissed due to plaintiff's failure to state a 42 U.S.C. § 1983 claim, 10 without prejudice to his filing of a petition for writ of habeas corpus; and 11 3. The Clerk of the Court is directed to close this case. 12 | IT IS SO ORDERED. si □ Dated: _ November 22, 2021 Y L ah yt 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28