(PC) Carthen v. Scott ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREMANE DARNELL CARTHEN, No. 1:19-cv-00227-DAD-EPG (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 P. SCOTT, et al., (Doc. No. 23) 15 Defendants. 16 17 Plaintiff Tremane Darnell Carthen is a federal prisoner proceeding pro se and in forma 18 pauperis in this civil rights action brought pursuant to Bivens v. Six Unknown Federal Narcotics 19 Agents, 403 U.S. 388 (1971). (Doc. No. 1.) This matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 26, 2020, the assigned magistrate judge screened plaintiff’s complaint and 22 concluded that plaintiff has failed to state any cognizable claims. (Doc. No. 19.) Plaintiff was 23 directed to either file a first amended complaint or notify the court of his intent to stand by the 24 complaint within thirty (30) days after service. (Id. at 9–10.) On April 17, 2020, plaintiff notified 25 the court of his intention to stand by his complaint. (Doc. No. 22). 26 Accordingly, on April 20, 2020, the magistrate judge issued findings and 27 recommendations recommending that this action be dismissed for failure to state a claim. (Doc. 28 No. 23 at 9.) The findings and recommendations were served on plaintiff and contained notice 4:fN UVES TONE NSU ie POC OP Ee Oy Ove 1 | that any objections thereto were to be filed within twenty-one (21) days after service. (/d. at 9.) 2 | To date, plaintiff has not filed objections, and the time for doing so has passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 4 | court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 5 | court finds the findings and recommendations to be supported by the record and proper analysis. 6 Accordingly: 7 1. The findings and recommendations issued on April 20, 2020 (Doc. No. 23) are 8 adopted in full; 9 2. This action is dismissed for failure to state a claim; and 10 3. The Clerk of the Court is directed to close the case. 11 b IT IS SO ORDERED. ~ ‘ae 13 Dated: _ August 11, 2020 wae os 4 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28