(PC) Medina v. Superior Court of California, County of Santa Barbara ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN C. MEDINA, Case No. 1:20-cv-0636 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL, 13 v. DISMISSING THE ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK 14 SUPERIOR COURT OF CALIFORNIA, OF COURT TO CLOSE THIS CASE COUNTY OF SANTA BARBARA, ET 15 AL., (Doc. 15) 16 Defendants. 17 18 The assigned magistrate judge reviewed the allegations of Plaintiff’s complaint pursuant 19 to 28 U.S.C. § 1915A. (Doc. 13.) The magistrate judge found that it appeared Plaintiff raised 20 many unrelated claims, which concerning both his conditions of confinement and the legality of 21 his confinement. (Id. at 4-8.) The magistrate judge determined Plaintiff failed to state a 22 cognizable claim under 42 U.S.C. § 1983, and “[t]o the extent Plaintiff seeks to challenge the 23 legality or duration of his confinement it is not appropriate to do so in a Section 1983 action.” 24 (See id.; see also id. at 8.) The magistrate judge granted Plaintiff 21 days to: (1) file an amended 25 complaint, (2) stand on his complaint as screened subject to the magistrate judge recommending 26 dismissal, or (3) voluntarily dismiss the case. (Id. at 9.) 27 After Plaintiff failed to file any response, the magistrate judge issued Findings and 28 Recommendations on April 10, 2023, recommending that the case be dismissed without prejudice 1 | for Plaintiffs failure to prosecute. (Doc. 15.) The Court granted Plaintiff 14 days to file 2 | objections and advised him that the failure to do so “within the specified time may result in the 3 | waiver of his rights on appeal.” (/d. at 4-5, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th 4 | Cir. 2014).) Plaintiff did not file any objections, and the time to do so has passed. 5 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 6 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 7 || Recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on April 10, 2023 (Doc. 15) are 9 ADOPTED in full. 10 2. The action is DISMISSED without prejudice. 11 3. The Clerk of Court is directed to close this case. 12 B IT IS SO ORDERED. 14 | Dated: _May 2, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28