(PC)Jones v. Wasco State Prison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE E. JONES, No. 1:23-cv-0543 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITH PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 WASCO STATE PRISON, et al., CLOSE THE CASE 15 Defendants. (Doc. 22) 16 17 Wayne E. Jones 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 the second 19 amended complaint pursuant to 28 U.S.C. § 1915A(a). (Doc. 22.) The Court found Plaintiff 20 failed to comply with Rules 8, 18, and 20 of the Federal Rules of Civil Procedure. (Id. at 3-5.) 21 The magistrate judge also determined Plaintiff failed to state a cognizable claim, and further leave 22 to amend was futile. (Id. at 5-7.) Therefore, the magistrate judge recommended Plaintiff’s claim 23 be dismissed with prejudice. (Id. at 8.) 24 The Court served the Findings and Recommendations on Plaintiff and notified that any 25 objections were due within 14 days. (Doc. 22 at 7.) The Court informed Plaintiff that the failure 26 to file timely objections may result in the wavier of his rights on appeal. (Id. at 8, citing 27 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 28 (9th Cir. 1991).) No party filed objections, and the time to do so expired. 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 file, the Court conducted 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 September 15, 2023 (Doc. 22) are 6 adopted in full. 7 2. This action is dismissed with prejudice. 8 3. The Clerk of Court is directed to close this case. 9 10 IT IS SO ORDERED. Dated: _ October 19, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28