(PC) Milton v. Trate ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE DAVID MILTON, 1:22-cv-01002-AWI-GSA-PC 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL 13 vs. (ECF No. 6.) 14 TRATE, et al., ORDER DISMISSING THIS CASE WITH PREJUDICE AS DUPLICATIVE OF 15 Defendants. CASE 1:22-CV-00988-EPG-PC 16 ORDER FOR CLERK TO CLOSE CASE 17 18 19 20 On August 11, 2002, Kyle David Milton (prison ID #17100-085) (“Plaintiff”), a federal 21 prisoner proceeding pro se, filed this civil rights action pursuant to Bivens vs. Six Unknown 22 Agents, 403 U.S. 388 (1971). (ECF No. 1.) The matter was referred to a United States 23 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 24 On August 19, 2022, findings and recommendations were entered by the assigned 25 magistrate judge, recommending that this case be dismissed as duplicative of case number 1:22- 26 cv-00988-EPG-PC (Milton v. Trate). (ECF No. 6.) The parties were granted fourteen days in 27 which to file objections to the findings and recommendations. (Id.) The fourteen-day deadline 28 expired, and no party filed objections or any other response to the findings and recommendations. 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 || court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 || Court finds the findings and recommendations to be supported by the record and proper analysis. 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations issued by the magistrate judge on August 19, 6 2022, are adopted in full; 7 2. This case is dismissed, with prejudice, as duplicative of case number 1:22-cv- 8 00988-EPG-PC (Milton y. Trate); and 9 3. The Clerk of Court is directed to administratively close this case. 10 4 IT IS SO ORDERED. 12 Dated: _ December 2, 2022 Z Cb L ¢ — SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28