(PC) Jackson v. Yniquez ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY JUNIOR JACKSON, No. 1:20-cv-00205-NONE-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND 13 v. RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO STATE A 14 R. YNIQUEZ, et al., CLAIM 15 Defendants. (Doc. No. 12) 16 17 Plaintiff Tony Junior Jackson is a federal prisoner proceeding pro se and in forma 18 pauperis in this civil rights action brought pursuant to Bivens v. Six Unknown Named Agents of 19 Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 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 June 14, 2021, the assigned magistrate judge filed findings and recommendations, 22 recommending that this action be dismissed for failure to state a claim on which relief can be 23 granted. (Doc. No. 12.) Given that plaintiff had received two opportunities to amend his 24 complaint and failed to cure the noted deficiencies, (Doc. Nos. 6, 8), the magistrate judge found 25 that further amendment would be futile. (Doc. No. 12 at 1, 5.) The findings and 26 recommendations were served on plaintiff and provided that any objections thereto may be filed 27 within 21 days. (Id. at 6.) Plaintiff has not filed any objections, and the time do so has passed. /// 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. See also Christopher v. 4 | Harbury, 536 U.S. 403, 417-18 (2002) (holding that in backward-looking access-to-courts claim, 5 | “the complaint should state the underlying claim in accordance with Federal Rule of Civil 6 | Procedure 8(a), just as if it were being independently pursued, and a like plain statement should 7 | describe any remedy available under the access claim and presently unique to it”). 8 Accordingly, 9 1. The findings and recommendations issued on June 14, 2021 (Doc. No. 12) are 10 adopted in full; 11 2. This action is dismissed for failure to state a claim on which relief can be granted; 12 and, 13 3. The Clerk of the Court is directed to assign a district judge to this case for 14 purposes of closure and to close this case. 15 | IT IS SO ORDERED. '6 Dated: _ October 11, 2021 Y L “of 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28