(PC) Rose v. United States ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FARUQ ROSE, Case No. 1:23-cv-00582-ADA-CDB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND 13 v. RECOMMENDATIONS TO DISMISS FOR LACK OF SUBJECT-MATTER 14 UNITED STATES OF AMERICA, JURISDICTION 15 Defendant. (ECF No. 7) 16 17 Plaintiff Faruq Rose (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed under Bivens v. Six Unknown Federal Narcotics Agents, 19 403 U.S. 388 (1971). This matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 21, 2023, the Magistrate Judge issued findings and recommendations to dismiss 22 this case for lack of subject-matter jurisdiction. (ECF No. 7.) The Court advised: “Within 23 fourteen (14) days after being served with these Findings and Recommendations, the parties may 24 file written objections with the Court.” (Id. at 8 (emphasis in original).) Plaintiff has not filed 25 objections, and the time to do so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 27 de novo review of this case. After carefully reviewing the entire file, the Court finds the findings 28 and recommendations to be supported by the record and proper analysis. 1 Accordingly, 2 1. The findings and recommendations issued on April 21, 2023, (ECF No. 7), are 3 ADOPTED in full; 4 2. The order to pay the filing fee or submit an application to proceed in forma 5 pauperis, (ECF No. 6), is VACATED; 6 3. This action is DISMISSED for lack of subject-matter jurisdiction; and 7 4. The Clerk of Court is directed to close this case. 8 9 10 1] | IT IS SO ORDERED. 12 Dated: _ June 30, 2023 B UNITED fTATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28