Michael

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDWARD SHELBY TOLBERT, No. 1:19-cv-00278-NONE-BAM (PC) Plaintiff, ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS REGARDING

v. DISMISSAL OF ACTION FOR FAILURE TO

STATE A CLAIM

MICHAELS, et al., (Doc. No. 23) Defendants. 16 Plaintiff Edward Shelby Tolbert is a state prisoner proceeding pro se and in forma pauperis in this civil rights action 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 June 22, 2020, the assigned magistrate judge screened plaintiff’s third amended complaint and issued findings and recommendations recommending that this action be dismissed for failure to state a claim upon which relief may be granted. (Doc. No. 23.) Those 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 8.) …