(HC)Thomas v. Newsom ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PRENTICE RAY THOMAS, Case No. 1:23-cv-00489-JLT-CDB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; DENYING 13 v. PETITIONER’S APPLICATION TO PROCEED IN FORMA PAUPERIS AND 14 SCOTT DEGOUGH, ET AL., DISMISSING THIS CASE 15 Respondents. (Doc. 9) 16 17 18 19 On May 23, 2023, the assigned magistrate judge issued findings and recommendations to 20 dismiss Petitioner’s 28 U.S.C. § 2254 petition and deny his motion to proceed in forma pauperis, 21 finding that the claims raised are properly cognizable under 42 U.S.C § 1983 and that Petitioner 22 had already filed a parallel § 1983 case. (Docs. 1, 7). The Court served the findings and 23 recommendations on Petitioner and gave him 14-days to file objections thereto. As of the date of 24 this Order, no objections have been filed. The findings and recommendations advised Petitioner 25 that “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Doc. 9); Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). 26 According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 27 case. Having carefully reviewed the entire file, the Court concludes the findings and 1 | recommendations are supported by the record and by proper analysis. 2 Based upon the foregoing, the Court ORDERS: 3 1. The findings and recommendations issued on May 23, 2023 (Doc. 9) are ADOPTED 4 IN FULL. 5 2. Petitioner’s 28 U.S.C. § 2254 petition is DISMISSED for lack of jurisdiction. (Doc. 6 1). 7 3. Petitioner’s Motion to Proceed in Forma Pauperis is DENIED as moot. (Doc. 7) 8 4. The Clerk of Court is directed to close this case. 9 190 | IT IS SO ORDERED. 11] Dated: _ July 11, 2023 Charis [Tourn D TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28