(PC) Caetano v. Board of State and Community Corrections ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NATHANIEL DWAYNE CAETANO, Case No.: 1:22-cv-00687-JLT-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THIS 13 v. ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF 14 BOARD OF STATE AND COMMUNITY CORRECTIONS, et al., (Doc. 15) 15 Defendants. 16 17 18 Nathaniel Dwayne Caetano seeks to hold the defendants liable for civil rights violations 19 pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to state claims upon 20 which relief could be granted. (Doc. 15.) Therefore, the magistrate judge recommended the first 21 amended complaint be dismissed without leave to amend for its failure to state a cognizable 22 claim. (Id. at 23.) In addition, the Court advised Plaintiff that the “failure to file objections within 23 the specified time may result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler, 24 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To 25 date, no objections have been filed and the time to do so has expired. 26 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 27 case. Having carefully reviewed the matter, the Court concludes the Findings and 1 | ORDERS: 2 1. The findings and recommendations issued on May 2, 2023 (Doc. 15) are ADOPTED 3 in full. 4 2. The first amended complaint is DISMISSED without leave to amend for a failure to 5 state a claim upon which relief can be granted. 6 3. The Clerk of the Court is directed to terminate all pending motions and to close this 7 case. 8 9 IT IS SO ORDERED. 10 Dated: _ May 26, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28