(PC) Green v. Phillips ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARVON D. GREEN, No. 1:23-cv-1032 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 PHILLIPS, et al., CLOSE THE CASE 15 Defendants. (Doc. 12) 16 17 Jarvon D. Green 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 complaint 19 pursuant to 28 U.S.C. § 1915A(a). The magistrate judge observed that while Plaintiff named the 20 defendants in this action, he did not state any allegations. In addition, the magistrate judge 21 observed the exhibits attached to the complaint did not relate to the named defendants. The 22 magistrate judge concluded Plaintiff failed to state a cognizable claim and directed Plaintiff to file 23 an amended complaint, or a notice of voluntary dismissal, within 30 days. (Doc. 8.) However, 24 Plaintiff failed to take any action. 25 The magistrate judge next found Plaintiff failed to state a cognizable claim, failed to obey 26 the Court’s order, and failed to prosecute the action. (Doc. 12 at 2-4.) The magistrate judge 27 recommended the action be dismissed with prejudice. (Id. at 4.) The Court served the Findings 28 and Recommendations on Plaintiff and notified him that any objections were due within 14 days. 1 | Cd. at 3.) In addition, the Court warned Plaintiff that the failure to file timely objections may 2 | result in the waiver of rights on appeal. (Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th 3 | Cir. 2014).) Plaintiff did not file objections, and the deadline to do so expired. 4 According to 28 U.S.C. § 636 (b)(1)(C), this Court performed a de novo review of the 5 | case. Having carefully reviewed the entire file, the Court concludes that the magistrate judge’s 6 | Findings and Recommendations are supported by the record and by proper analysis. Based upon 7 | the foregoing, the Court ORDERS: 8 1. The Findings and Recommendations issued on September 13, 2023 (Doc. 12), are 9 adopted in full. 10 2. This action is dismissed, with prejudice, due to Plaintiffs failure to state a claim, 11 failure to obey a court order, and failure to prosecute. 12 3. The Clerk of Court is directed to close this case. 13 4 IT IS SO ORDERED. 5 Dated: _ October 19, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28