(PS) Warfield v. Hale ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODERICK JAMES WARFIELD, No. 2:22-cv-01950-DAD-KJN 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 MELVIN HALE, THIS ACTION 15 Defendant. (Doc. No. 3) 16 17 Plaintiff Broderick James Warfield, proceeding pro se and in forma pauperis, initiated this 18 civil action brought pursuant to 42 U.S.C. § 1983 on October 28, 2022. (Doc. No. 1.) This 19 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On November 7, 2022, the assigned magistrate judge issued findings and 22 recommendations recommending that this action be dismissed, without leave to amend, because 23 plaintiff’s complaint fails to state a cognizable claim for relief. (Doc. No. 3.) The magistrate 24 judge concluded that granting leave to amend would be futile because § 1983 claims “cannot lie 25 against a private individual,” and the sole defendant named by plaintiff “is nothing more than a 26 private citizen.” (Id. at 3) (citing Franklin v. Fox, 312 F.3d 423, 444 (9th Cir. 2002). Those 27 findings and recommendations were served on plaintiff and contained notice that any objections 28 ///// 1 | thereto were to be filed within fourteen (14) days of service. Ud. at 3.) No objections have been 2 || filed, and the time in which to do so has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, the 4 | court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 5 || court concludes that the findings and recommendations are supported by the record and proper 6 || analysis. 7 Accordingly: 8 1. The findings and recommendations issued on November 7, 2022 (Doc. No. 3) are 9 adopted in full; 10 2. This action is dismissed due to plaintiff's failure to state a cognizable claim for 11 relief; and 12 3. The Clerk of the Court is directed to close this case. 13 IT IS SO ORDERED. 4 Dated: _ February 12, 2023 Dal A. 2d, set 15 UNITED STATES DISTRICY JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28