(PC) Aytman v. Pfieffer ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TORIAN AYTMAN, No. 1:23-cv-0382 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION FOR FAILURE TO STATE A CLAIM, AND DIRECTING THE CLERK OF 14 PFIEFFER, et al., COURT TO CLOSE THE CASE 15 Defendants. (Doc. 16) 16 17 Torian Aytman is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. The assigned magistrate judge screened Plaintiff’s 19 second amended complaint pursuant to 28 U.S.C. § 1915A(a) and found Plaintiff failed to state a 20 cognizable claim upon which relief may be granted. (Doc. 16 at 2-7.) Because the Court 21 informed Plaintiff previously of the relevant legal standards governing his claims and failed to 22 cure the pleading deficiencies, the magistrate judge found further leave to amend was futile and 23 recommended the action be dismissed. (Id. at 7-8.) 24 The Court served Plaintiff with the Findings and Recommendations and notified him that 25 any objections were due within 14 days. (Doc. 16 at 8.) The Court also informed Plaintiff that the 26 failure to file timely objections may result in the waiver of rights on appeal. (Id., citing Wilkerson 27 v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Plaintiff did not file objections or otherwise 28 communicate with the court regarding this action, and the deadline to file objections has passed. 1 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 2 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 3 || Recommendations are supported by the record and by proper analysis. Thus, the Court 4 | ORDERS: 5 1. The Findings and Recommendations issued on October 24, 2023 (Doc. 16) are 6 ADOPTED in full. 7 2. This action is DISMISSED with prejudice for failure to state a cognizable claim 8 upon which relief may be granted. 9 3. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 12 | Dated: _December 7, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28