(PC) Cagan v. Lake ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MAXCIME CAGAN, Case No. 1:19-cv-01629-AWI-SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION, AND DISMISSING 13 v. ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF 14 S. LAKE, et al., MAY BE GRANTED 15 Defendants. (ECF No. 7) 16 17 Plaintiff Maxcime Cagan is a federal prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of 19 Narcotics, 403 U.S. 388 (1971). This matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On December 13, 2019, the assigned Magistrate Judge issued findings and 22 recommendation, recommending that this action be dismissed, with prejudice, for failure to state 23 a cognizable claim upon which relief may be granted. (ECF No. 7.) The findings and 24 recommendation were served on Plaintiff and contained notice that any objections thereto were to 25 be filed within thirty (30) days after service. (Id. at 8.) Following an extension of time, Plaintiff 26 filed objections to the findings and recommendation on January 16, 2020. (ECF No. 10.) 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 28 de novo review of the case. Having carefully reviewed the entire file, including Plaintiff’s 1 | objections, the Court finds that the Magistrate Judge’s findings and recommendation are 2 | supported by the record and by proper analysis. 3 Accordingly, it is HEREBY ORDERED that: 4 1. The findings and recommendations issued on December 13, 2019, (ECF No. 7), 5 are adopted in full; 6 2. This action is dismissed, with prejudice, due to Plaintiff's failure to state a claim 7 upon which relief may be granted; and 8 3. The Clerk of the Court is directed to close this case. 9 10 IT IS SO ORDERED. 11 | Dated: January 6, 2021 —= Z : Cb it — SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28