(PC) Bailey v. Cox ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY BAILEY, No. 1:22-cv-0757 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS GRANTING 13 v. DEFENDANTS’ MOTION TO DISMISS AND DENYING PLAINTIFF’S MOTION TO 14 T. COX, et al., AMEND 15 Defendants. (Docs. 36, 47, 49) 16 17 Timothy Bailey seeks to hold the defendants liable for violations of his civil rights 18 pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 19 (1971). Defendants moved to dismiss the complaint, and Plaintiff requested leave to amend his 20 complaint after the motion was fully briefed. (Docs. 36, 47.) The matter was referred to a United 21 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 The assigned magistrate judge found Plaintiff failed “to state a cognizable claim for 23 relief,” and recommended Defendants’ motion to dismiss be granted. (Doc. 49 at 12.) In addition, 24 the magistrate judge recommended Plaintiff’s motion to amend be denied, because Plaintiff did 25 “not address nor present claims that would be allowed to proceed by way of Bivens” and leave to 26 amend would be futile. (Id.) The Court served the Findings and Recommendations on 27 Defendants electronically, and the Assistant United States Attorney served a copy on Plaintiff 28 after he filed a notice of change of address. (Doc. 51.) The Findings and Recommendations 1 | contained a notice that any objections were due within 14 days. (Doc. 49 at 12.) No objections 2 | were filed, and the time to do so expired. 3 According to 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court performed a de 4 | novo review of this case. Having carefully reviewed the entire file, the Court concludes the 5 | Findings and Recommendations are supported by the record and proper analysis. Thus, the Court 6 | ORDERS: 7 1. The Findings and Recommendations issued on October 19, 2023 (Doc. 49) are 8 ADOPTED in full. 9 2. Defendants’ motion to dismiss filed on May 25, 2023 (Doc. 36) is GRANTED. 10 3. Plaintiff's motion to amend (Doc. 47) is DENIED as moot. 11 4. The Clerk of Court shall close this case. 12 B IT IS SO ORDERED. 14 Dated: _ December 19, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28