(PC)Greene v. Price

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MARVELLOUS AFRIKAN WARRIOR M. Case No. 1:22-cv-01247-JLT-SAB (PC) GREENE, Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS v. ACTION FOR FAILURE TO STATE A BRANDON PRICE, et al., (Doc. 14) Defendants.

The assigned magistrate judge screened the Second Amended Complaint and determined Plaintiff failed to state a cognizable claim upon which relief may be granted. (Doc. 14.) The magistrate judge observed that Plaintiff was previously provided the relevant legal standards and failed to cure the deficiencies in his complaint. (Id. at 6.) Therefore, the magistrate judge recommended the action be dismissed. (Id.) The Court served the Findings and Recommendations on Plaintiff, which advised him that any objections had to be filed within 14 days. (Doc. 14 at 1, 8.) In addition, the Court informed Plaintiff that the “failure to file objections within the specified time may result in the waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id. at 7, quoting Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, Plaintiff has not filed objections and the deadline to do so has expired. According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations issued on January 6, 2023 (Doc. 14), are ADOPTED in full. 2. This action is DISMISSED with prejudice. 3. The Clerk of the Court is directed to close this case. i IT IS SO ORDERED. Dated: _January 30, 2023 Cerin | Tower TED STATES DISTRICT JUDGE