(PC) Mayberry v. Cates ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL CHARLES MAYBERRY, ) Case No.: 1:22-cv-1177 JLT BAM (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITH PREJUDICE, AND DIRECTING ) 14 BRIAN CATES, ) THE CLERK OF COURT TO CLOSE THE CASE ) 15 Defendant. ) (Doc. 10) ) 16 ) 17 On December 22, 2022, the assigned magistrate judge screened the First Amended Complaint 18 and found Plaintiff failed to state a cognizable claim upon which relief may be granted. (Doc. 10.) 19 The magistrate judge observed that Plaintiff was previously “provided with the relevant legal 20 standards” and failed to cure the deficiencies of his pleadings. (Id. at 11.) Therefore, the magistrate 21 judge recommended the complaint be dismissed without leave to amend. (Id.) 22 The Court granted Plaintiff 14 days to file any objections to the Findings and 23 Recommendations, following service on December 22, 2022. (Doc. 10 at 11.) The Court also advised 24 him that the “failure to file objections within the specified time may result in the waiver of the ‘right to 25 challenge the magistrate’s factual findings’ on appeal.” (Id. at 11-12, quoting Wilkerson v. Wheeler, 26 772 F.3d 834, 839 (9th Cir. 2014).) Plaintiff did not file objections, and the deadline to do so has 27 expired. 28 1 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 2 || Having carefully reviewed the entire file, the Court concludes the Findings and Recommendations ar 3 || supported by the record and by proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on December 22, 2022 (Doc. 10), are 5 ADOPTED in full. 6 2. This action is DISMISSED with prejudice, for failure to state a cognizable claim upc 7 which relief may be granted. 8 3. The Clerk of the Court is directed to close this case. 9 10 IS SO ORDERED. 11 || pated: _ January 24, 2023 ( LAW pA L. wan 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28