(PC) Harris v. Parks ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TEVIN LEE HARRIS, Case No. 1:19-cv-0429 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION 13 v., (Doc. 47) 14 E. PARKS, 15 Defendant. 16 17 Tevin Lee Harris asserts he suffered violations of his civil rights while incarcerated at 18 Corcoran State Prison. He seeks to hold correctional officers, an administrator of the prison, and 19 a prison psychologist liable for the alleged violations pursuant to 42 U.S.C. § 1983. (See Doc. 41; 20 see also Doc. 29.) 21 The assigned magistrate judge determined Plaintiff failed to allege facts sufficient to 22 support his claims in the Third Amended Complaint. (Doc. 47 at 7-11.) The magistrate judge 23 noted Plaintiff was previously informed of the applicable legal standards, and failed to cure the 24 deficiencies identified by the Court in its orders addressing the First Amended Complaint and 25 Second Amended Complaint. (Id. at 11-12.) Therefore, the Court recommended the Third 26 Amended Complaint be dismissed without leave to amend under 28 U.S.C. § 1915A. (Id. at 12, 27 citing McKinney v. Baca, 250 F. App’x 781 (9th Cir. 2007); Ferdik v. Bonzelet, 963 F.2d 1258, 28 1261 (9th Cir.1992) [discretion to deny leave to amend is particularly broad when the plaintiff 1 | previously had opportunities to amend his complaint].) 2 The Court served the Findings and Recommendations on Plaintiff. It advised him that any 3 || objections were to be filed within 14 days and that his “failure to file objections within the 4 | specified time may result in the waiver of rights on appeal. (Doc. 47 at 12, citing Wilkerson v. 5 | Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 6 | 1991).) To date, Plaintiff has not filed any objections and the time to do so has passed. 7 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 8 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 9 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 10 1. The Findings and Recommendations issued on June 10, 2022 (Doc. 47) are 11 adopted in full. 12 2. The action is DISMISSED without leave to amend. 13 3. The Clerk of Court is directed to close this action. 14 15 IT IS SO ORDERED. 6 Dated: _ July 6, 2022 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28