(PC) Cooper v. The AIS Center and Out Patient Surgery

Opinion

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11 MARQUESE D. COOPER, ) Case No.: 1: 24-cv-0032 JLT SAB (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS; DISMISSING THE 13 v. ) ACTION FOR PLAINTIFF’S FAILURE TO STATE ) A CLAIM, FAILURE TO PROSECUTE, AND 14 THE AIS CENTER AND OUTPATIENT ) FAILURE TO COMPLY WITH A COURT SURGERY, et al., ) ORDER; AND DIRECTING THE CLERK OF 15 ) COURT TO CLOSE THIS CASE Defendants. ) (Doc. 14) 16 )

17 Marquese D. Cooper initiated this action seeking to hold the defendants liable for violations of 18 his civil rights. (Doc. 1.) The magistrate judge screened Plaintiff’s complaint pursuant to 28 U.S.C. § 19 1915A(a) and found Plaintiff failed to state a cognizable claim upon which relief may be granted. 20 (Doc. 9 at 3-6.) The Court provided the relevant legal standards and granted Plaintiff an opportunity 21 to file an amended complaint. (See id. at 7.) 22 Plaintiff timely filed an amended complaint. (Doc. 10.) However, the magistrate judge struck 23 the amended pleading because it was unsigned. (Doc. 11 at 2-3.) Despite the procedural deficiency, 24 the magistrate judge also screened the amended pleading and found the “factual allegations fail to give 25 rise to a cognizable claim for relief.” (Id. at 4; see also id. at 4-6.) The magistrate judge directed 26 Plaintiff to file an amended complaint that was signed under penalty of perjury within 30 days. (Id. at 27 7.) After Plaintiff failed to do so, the magistrate judge issued an order to Plaintiff to show cause why 28 the action should not be dismissed. (Doc. 12.) 1 After Plaintiff failed to file an amended complaint or otherwise respond to the Court’s order, 2 || the magistrate judge reiterated the findings that Plaintiff failed to state a claim, and recommended the 3 |] action be dismissed. (Doc. 14 at 3-6.) In addition, the magistrate judge found terminating sanctions 4 || were appropriate for Plaintiffs failure to prosecute the action and failure to obey the Court’s order to 5 || file an amended complaint, after considering the factors identified by the Ninth Circuit. Ud. at 6-9.) 6 The Court served these Findings and Recommendations on Plaintiff and notified him that any 7 || objections were due within 14 days. (Doc. 14 at 9.) The Court also advised him that the □□□□□□□□□□ to 8 || file objections within the specified time may result in the waiver of rights on appeal.” (/d., citing 9 || Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the 10 || time to do so expired. 11 According to 28 U.S.C. § 636(b)(1), the Court performed a de novo review of the action. 12 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 13 || supported by the record and by proper analysis. Thus, the Court ORDERS: 14 1. The Findings and Recommendations issued on May 31, 2024 (Doc. 14) are ADOPTE 15 in full. 16 2. The instant action is DISMISSED with prejudice for Plaintiffs failure to state a claim 17 failure to prosecute, and failure to comply with the Court’s order. 18 3. The Clerk of Court is directed to close this case. 19 20 || IT IS SO ORDERED. 21 |! Dated: _ June 30, 2024 ( Li pA LU. wan 22 TED STATES DISTRICT JUDGE 23 24 25 26 27 28