(PC) Storm v. Newsom

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIMITRI Z. STORM, Case No.: 1:24-cv-0743 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION FOR A FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE 14 GAVIN NEWSOM, et al., GRANTED, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE 15 Defendants. (Doc. 17) 16

17 Dimitri Z. Storm seeks to hold defendants liable for violations of his civil rights pursuant 18 to 42 U.S.C. § 1983. (See generally Doc. 16.) The assigned magistrate judge screened Plaintiff’s 19 complaint pursuant to 28 U.S.C. § 1915A(a) and found Plaintiff failed to state a cognizable claim. 20 (Doc. 17 at 3-6.) The magistrate judge found that further leave to amend was futile because the 21 Court informed Plaintiff of the relevant legal standards, and Plaintiff did not cure the deficiencies 22 previously identified. (Id. at 6-7.) Therefore, the magistrate judge recommended dismissal “for 23 Plaintiff’s failure to state a claim upon which relief can be granted.” (Id. at 7.) 24 The Court served these Findings and Recommendations on Plaintiff and notified him at 25 that any objections were due within 14 days. (Doc. 17 at 7.) The Court advised him that the 26 “failure to file any objections within the specified time may result in the waiver of certain rights 27 on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 | are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on July 24, 2025 (Doc. 17) are 5 ADOPTED in full. 6 2. The amended complaint is DISMISSED without leave to amend 7 3. The action is DISMISSED with prejudice for failure to state a claim upon which 8 relief can be granted. 9 4. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 12 | Dated: _August 16, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28