Moore v. Fagundes ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTINA MOORE, Case No. 1:23-cv-0846 JLT EPG 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. COMPLAINT WITHOUT LEAVE TO 14 KEITH FAGUNDES, AMEND, AND DIRECTING THE CLERK OF COURT TO CLOSE THIS CASE 15 Defendant. (Doc. 6) 16 17 Christine Moore seeks to hold Keith Fagundes, former Kings County District Attorney, 18 liable for violating her civil rights pursuant to 42 U.S.C. § 1983. Plaintiff asserts Defendant failed 19 to file a proper information in a state criminal case. (See generally Doc. 1.) Plaintiff requests the 20 Court dismiss the state case and order Kings County “to adopt appropriate policies related to the 21 hiring and supervision of its police officers and sheriffs.” (Id. at 5.) This matter was referred to a 22 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On October 4, 2023, the assigned magistrate judge screened Plaintiff’s complaint pursuant 24 to 28 U.S.C. § 1915. (Doc. 6.) The magistrate judge found Plaintiff failed to state a cognizable 25 claim and recommended the complaint be dismissed. (Id. at 2-4.) In addition, the magistrate 26 judge recommended dismissal without leave to amend, because leave to amend would be futile. 27 (Id. at 4.) These Court served the Findings and Recommendations on Plaintiff and notified her that any objections were due within 21 days. (Id.) The Court also advised her that the “failure to 1 | file objections within the specified time may result in waiver of rights on appeal.” (/d., citing 2 | Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 3 | (9th Cir. 1991).) No objections were filed, and the time to do so has expired. 4 Pursuant to 28 U.S.C. § 636(b)(1)(C©), this Court performed a de novo review of this case. 5 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 6 || are supported by the record and proper analysis. Accordingly, the Court ORDERS: 7 1. The Findings and Recommendations issued on October 4, 2023 (Doc. 6) are 8 ADOPTED in full. 9 2. Plaintiff's complaint is DISMISSED without leave to amend. 10 3. The Clerk of Court is directed to close this case. 11 b IT IS SO ORDERED. 13 Dated: _ November 8, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28