Hinojo v. United State of America ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO GARCIA HINOJO, III, ) Case No.: 1:23-cv-0481 JLT BAM ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE ) 14 UNITED STATES OF AMERICA, et al., ) (Doc. 4) ) 15 Defendants. ) ) 16 ) 17 Francisco Garcia Hinojo III is proceeding pro se in this action, in which he named the United 18 States of American and the State of California as defendants for an unspecified “medical related” issue. 19 (Doc. 1 at 5.) Plaintiff indicates that he intends for the suit to be between the two defendants—the 20 federal government and state government—and not between himself and the defendants. (Id. at 7-9.) 21 The magistrate judge found Plaintiff failed to state a cognizable claim upon which relief may 22 be granted, and recommended the action be dismissed as frivolous. (Doc. 4 at 2-4.) The Court served 23 the Findings and Recommendations upon Plaintiff by mail on April 17, 2023 and notified him that any 24 objections must be filed within fourteen days of the date of service. (Id. at 4.) In addition, the Court 25 informed Plaintiff that the failure to file objections within ordered time may result in the waiver of 26 rights on appeal. (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. 27 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff did not file any objections, and the time to do 28 so has expired. 1 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 2 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 3 || are supported by the record and proper analysis. Accordingly, the Court ORDERS: 4 1. The Findings and Recommendations (Doc. 4) are ADOPTED in full. 5 2. The action is DISMISSED without prejudice. 6 3. The Clerk of Court shall close this action. 7 8 IT IS SO ORDERED. ll Dated: _ June 19, 2023 ( Li pA LU. wan 10 TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28