(PC) Bueno v. Pfeiffer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROSENDO BUENO, ) No.: 1:21-cv-01522-NONE-SAB (PC) ) 12 Plaintiff, ) ) ORDER ADOPTING FINDINGS AND 13 v. ) RECOMMENDATIONS, AND DISMISSING ACTION FOR FAILURE TO STATE A 14 CHRISTIAN PFEIFFER, et al., ) COGNIZABLE CLAIM FOR RELIEF ) 15 Defendants. ) (Doc. No. 7) ) 16 ) 17 Plaintiff Rosendo Bueno is appearing pro se in this civil rights action pursuant to 42 U.S.C. 18 § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. 20 On November 29, 2021, the assigned magistrate judge issued findings and recommendations 21 recommending that the instant action be dismissed for failure to state a cognizable claim for relief. 22 (Doc. No. 7.) The findings and recommendations were served on plaintiff and contained notice that 23 objections were to be filed within fourteen days. (Id. at 6.) Plaintiff filed objections on January 3, 24 2022. (Doc. No. 8.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, including plaintiff’s objections, the 27 court finds the findings and recommendations to be supported by the record and proper analysis. 28 Plaintiff’s objections do not meaningfully undermine the magistrate judge’s conclusion that his claims 1 || are barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), because a favorable ruling in this □□□□ 2 || would undermine a prison disciplinary determination that impacts plaintiff being awarded good time 3 || credits. 4 Accordingly, 5 1. The findings and recommendations issued on November 29, 2021, (Doc. No. 7), are 6 adopted; and 7 2. This action is dismissed, without prejudice, due to plaintiff’s failure to state a 8 cognizable claim for relief. 9 3. The Clerk of the Court is directed to assign a district judge to this action for the 10 purposes of closure and then to close this case. 11 12 ||IT IS SO ORDERED. ~ ‘ae 13 Dated: _ January 6, 2022 L af yh 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28