(PC) Spencer v. Valdez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD B. SPENCER, ) Case No.: 1:23-cv-0357 JLT SAB (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS DISMISSING 13 v. ) PLAINTIFF’S STATE LAW CLAIMS ) 14 L. VALDEZ, et al., ) (Doc. 14) ) 15 Defendants. ) ) 16 ) 17 Edward B. Spencer is proceeding pro se and in forma pauperis in this civil rights action filed 18 pursuant to 42 U.S.C. § 1983. The magistrate judge reviewed the allegations of Plaintiff’s First 19 Amended Complaint pursuant to 28 U.S.C. § 1915A(a) and found Plaintiff stated a cognizable claim 20 against Defendants L. Valdez and D. Parra for retaliation. However, the magistrate judge found 21 Plaintiff’s remaining state law claims failed. Therefore, the magistrate judge issued Findings and 22 Recommendations recommending that this action proceed on Plaintiff’s retaliation claim only and the 23 state law claims be dismissed. (Doc. 14.) 24 The Court served the Findings and Recommendations on Plaintiff on April 26, 2023 and 25 informed him that any objections were due within 14 days of the date of service. (Doc. 14 at 2.) 26 Plaintiff was also informed the “[f]ailure to file objections within the specified time may result in 27 waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); 28 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) On May 2, 2023, Plaintiff filed a statement 1 || of non-opposition. (Doc. 15.) 2 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 3 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 4 || to be supported by the record and proper analysis. Thus, the Court ORDERS: 5 1. The Findings and Recommendations dated April 26, 2023 (Doc. 14) are ADOPTED. 6 2. This action SHALL proceed only on Plaintiff's retaliation claim against Defendants L 7 Valdez and D. Parra. 8 3. The state law claims are DISMISSED without leave to amend. 9 4. This action is referred to the magistrate judge for further proceedings. 10 11 ||IT IS SO ORDERED. 12 || Dated: _May 5, 2023 Charis [Tourn 13 TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28