Smith v. Crowl

District Court, E.D. California·Decided February 9, 2024·No. 1:23-cv-01474·Unknown

Opinion

REGINALD SMITH, No. 1:23-cv-01474-JLT-BAM Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING v. ACTION ROBERT B. CROWL, et al., (Doc. 6) Defendants. On January 12, 2024, the assigned magistrate judge issued findings and recommendations that recommended this action be dismissed, with prejudice, for failure to comply with Federal Rule of Civil Procedure 8 and failure to state a cognizable claim upon which relief may be granted. (Doc. 6.) The Court served the findings and recommendations on Plaintiff and notified him that any objections were due within 14 days. (Id.) The Court advised him that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The findings and recommendations issued on January 12, 2024 (Doc. 6) are 2. This action is DISMISSED with prejudice for failure to comply with Federal Rule of Civil Procedure 8 and for failure to state a cognizable claim upon which relief may be granted. 3. The Clerk of the Court is directed to close this case. g IT IS SO ORDERED. | Dated: _ February 8, 2024 Cerin | Tower TED STATES DISTRICT JUDGE

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Related

J. Wilkerson v. B. Wheeler
772 F.3d 834 (Ninth Circuit, 2014)