(PC) Jones v. Corcoran Substance Abuse Treatment Facility II ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. JONES, Case No.: 1:18-cv-01697-LJO-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION FOR FAILURE TO STATE A CLAIM 14 SHERMAN, et al., (Doc. 28) 15 Defendants. 16 17 Plaintiff William J. Jones is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States 19 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 14, 2019, the assigned magistrate judge issued findings and 21 recommendations to dismiss this action because Plaintiff fails to state a claim on which relief can 22 be granted. (Doc. 28.) Plaintiff filed objections on December 5, 2019. (Doc. 29.) In his objections, 23 Plaintiff states that his complaints state cognizable claims and thus should be allowed to proceed. 24 (Id. at 2.). However, Plaintiff does not address the substance of the findings, which provide that 25 Plaintiff’s complaints are filled with conclusory statements and do not allege sufficient facts to 26 state a claim that is plausible on its face. (Doc. 28 at 4-5.) See Ashcroft v. Iqbal, 556 U.S. 662, 27 678 (2009). Because Plaintiff has received three prior opportunities to amend, the Court finds that further opportunity would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 3 and recommendations to be supported by the record and proper analysis. 4 Accordingly, the Court ORDERS: 5 1. The findings and recommendations issued on November 14, 2019, (Doc. 28), are 6 ADOPTED in full; 7 2. This action is DISMISSED; and, 8 3. The Clerk of the Court is DIRECTED to close this case. 9 IT IS SO ORDERED. 10 11 Dated: December 17, 2019 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27