(PC) Jones v. Ayon ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY JONES ) Case No.: 1:21-cv-0809 JLT SAB (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS REGARDING 13 v. ) DISMISSAL OF CERTAIN CLAIMS AND ) DEFENDANTS 14 AYON, et al., ) ) (Doc. 27) 15 Defendants. ) ) 16 17 The assigned magistrate judge determined Plaintiff stated a cognizable retaliation claim against 18 Defendant Ayon in his First Amended Complaint. (Doc. 18.) However, the magistrate judge found 19 Plaintiff failed to state a claim for deprivation of personal property. (Id. at 5-6.) Plaintiff filed a notice 20 requesting the case proceed with the retaliation claim only and that he declined to file an amended 21 complaint. (Doc. 25.) 22 Consequently, the assigned magistrate judge issued Findings and Recommendations that this 23 action proceed only on Plaintiff’s retaliation claim against Defendant Ayon, and all other claims and 24 Defendants be dismissed from the action for failure to state a cognizable claim. (Doc. 27.) The Court 25 served the Findings and Recommendations on Plaintiff. It notified Plaintiff that any objections were 26 due within fourteen days. (Id. at 2.) The Court also advised Plaintiff “that failure to file objections 27 within the specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. 28 1 || Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 2 || 1991).) Plaintiff filed no objections, and the time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 4 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 5 || are supported by the record and by proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations dated June 6, 2022 (Doc. 27), are adopted in full. 7 2. This action shall proceed on Plaintiffs retaliation claim against Defendant Ayon only. 8 3. All other claims are dismissed for failure to state cognizable claims upon which relief 9 may be granted. 10 4. The Clerk of Court is directed to update the docket and terminate Sgt. Castellic as a 11 defendant in the action. 12 5. This action is referred to the magistrate judge for proceedings consistent with this orde 13 14 IS SO ORDERED. 15 || Dated: _ June 30, 2022 ( LAW ph L. wan 16 TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28