(PS) Binns v. American General Life and Accident Ins. Co. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEYRON LAMONTE BINNS, No. 2:20-cv-01120-TLN-KJN 12 Plaintiff, ORDER 13 v. 14 AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE CO., et al., 15 Defendants. 16 17 18 Plaintiff Keyron Lamonte Binns (“Plaintiff”), a state prisoner proceeding pro se, brings 19 this civil rights action under 42 U.S.C. § 1983. The 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 July 14, 2021, the magistrate judge filed findings and recommendations which were 22 served on the parties and which contained notice that any objections to the findings and 23 recommendations were to be filed within 14 days. (ECF No. 42.) On August 13, 2021, after 24 receiving an extension of time, Plaintiff filed objections to the findings and recommendations 25 (ECF Nos. 45, 46), which have been considered by the court. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 27 Court has conducted a de novo review of this case. See McDonnell Douglas Corp. v. Commodore 28 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 1 | also Dawson vy. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). Having reviewed the file under the 2 | applicable legal standards, the Court finds the findings and recommendations to be supported by 3 | the record and by the magistrate judge’s analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations filed on July 14, 2021 CECE No. 42), are ADOPTED 6 IN FULL; 7 2. Defendants’ Motion to Dismiss (ECF No. 29) is GRANTED; 8 3. Plaintiff's § 1983 claims are DISMISSED without leave to amend; 9 4. Plaintiffs state law claims are DISMISSED for lack of federal subject matter jurisdiction, 10 and the Court otherwise declines to retain supplemental jurisdiction over these claims; 11 5. Plaintiff's Request for Joinder (ECF No. 17) and Request for Judicial Notice (ECF No. 12 41) are DENIED as moot; and 13 6. The Clerk of Court is directed to close this case. 14 IT IS SO ORDERED. 15 || Date: October 19, 2021 \ /) ‘6 “ \/ the 17 — □□ Z Troy L. Nunley } 18 United States District Judge 19 20 21 22 23 24 25 26 27 28