(PC) Schowachert v. Polley ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN P. SCHOWACHERT, No. 1:22-cv-1249 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE ACTION AS DUPLICATIVE 14 POLLEY, (Doc. 9) 15 Defendant. 16 17 The assigned magistrate judge screened the complaint and found the claims raised are 18 duplicative of Plaintiff’s claims in Schowachert v. Polley, Case No. 1:21-cv-01107-HBK. (Doc. 19 9.) The magistrate judge observed: “Both cases appear to arise out of the same events, involve 20 the same parties, and seek the same relief. To the extent the cases differ, Schowachert I includes 21 additional defendants and additional forms of relief, but otherwise encompasses the same claims, 22 defendant, and relief sought in the instant action.” (Id. at 4.) Therefore, the magistrate judge 23 recommended the action be dismissed as duplicative. (Id.) 24 The court served the Findings and Recommendations on Plaintiff. It provided notice that 25 any objections thereto were to be filed within 14 days of the date of service. (Doc. 9 at 5.) In 26 addition, the Court advised that “failure to file objections within the specified time may result in 27 the waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id., quoting 28 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) To date, Plaintiff has not filed 1 | objections and the time to do so expired. 2 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review. Having 3 | carefully reviewed the entire matter, the Court concludes the Findings and Recommendations are 4 | supported by the record and by proper analysis. Thus, the Court ORDERS: 5 1. The Findings and Recommendations issued on October 5, 2022 (Doc. 9), are 6 ADOPTED in full. 7 2. This action is DISMISSED without prejudice as duplicative. 8 3. The Clerk of the Court is directed to close this case. 9 10 IT IS SO ORDERED. Dated: _ November 7, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28