(PC) Galvan v. Milasich ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 IVAN DEJESUS VALTI GALVAN, Case No. 1:22-cv-00974-JLT-SAB (PC) 11 Plaintiff, ORDER DISMISSING ACTION FOR FAILURE TO STATE A COGNIZABLE 12 v. CLAIM FOR RELIEF, AND DIRECTING CLERK OF COURT TO CLOSE THE 13 V. MILASICH, ACTION 14 Defendant. (Doc. 14) 15 16 The assigned magistrate judge screened the First Amended Complaint and found Plaintiff 17 failed to state a cognizable claim. (Doc. 14.) In addition, the Court determined that further leave 18 to amend would be futile given Plaintiff’s failure to cure the deficiencies previously identified to 19 him. (Id.) 20 The Court served the Findings and Recommendations on Plaintiff. It contained notice 21 that any objections were to be filed within 14 days after service. (Id. at 6.) The Court advised 22 Plaintiff that “failure to file objections within the specified time may result in the waiver of the 23 ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id. quoting Wilkerson v. 24 Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) To date, Plaintiff has not filed objections, and the 25 time to do has expired. 26 /// 27 /// /// 1 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the 2 | case. Having carefully reviewed the entire matter, the Court concludes the magistrate judge’s 3 | Findings and Recommendations are supported by the record and by proper analysis. Thus, the 4 | Court ORDERS: 5 1. The Findings and Recommendations issued on September 16, 2022 (Doc. 14) are 6 ADOPTED IN FULL. 7 2. The instant action is DISMISSED for failure to state a cognizable claim for relief. 8 3. The Clerk of Court is directed to close this action. 9 10 | IT IS SO ORDERED. Dated: _ October 14, 2022 Charis [Tourn 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28