(PC) Walker v. Salinas Valley Prison ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN D. WALKER, No. 1:20-cv-00546-NONE-JLT (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION FOR FAILURE TO STATE A COGNIZABLE FEDERAL CLAIM 14 SALINAS VALLEY PRISON, et al., (Doc. No. 12) 15 Defendants. 16 17 Plaintiff Kevin D. Walker 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 August 5, 2020, the assigned magistrate judge issued findings and recommendations, 21 recommending that this action be dismissed without prejudice due to plaintiff’s failure to state a 22 cognizable claim under federal law. (Doc. No. 12.) The magistrate judge found that the court 23 lacks subject-matter jurisdiction over plaintiff’s remaining state-law claims, and that plaintiff’s 24 complaint cannot be cured by amendment. (Id. at 7 (citing Akhtar v. Mesa, 698 F.3d 1202, 1212- 25 13 (9th Cir. 2012); Frigard v. United States, 862 F.2d 201, 204 (9th Cir. 1988).) The findings 26 and recommendations were served on plaintiff and provided notice that objections thereto may be 27 filed within 21 days. (Id. at 6.) Plaintiff has not filed any objections and the time to do so has passed. 4:2 UVTI PAE VRP MVOC tO POC eee Oy Ove 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(©), 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, 5 1. The findings and recommendations issued on August 5, 2020 (Doc. No. 12) are 6 adopted in full; 7 2. This action is dismissed without prejudice for failure to state a cognizable federal 8 claim; and, 9 3. The Clerk of the Court is directed to assign a district judge to this action for 10 purposes of closure and to close this case. 11 | IT Is SO ORDERED. si am 2 Dated: _ September 22, 2020 Lele A. 2, ay 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28