(PC)Greene v. Price ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARVELLOUS AFRIKAN WARRIOR M. Case No. 1:22-cv-01247-JLT-SAB (PC) GREENE, 12 Plaintiff, ORDER ADOPTING FINDINGS AND 13 RECOMMENDATIONS TO DISMISS v. ACTION FOR FAILURE TO STATE A 14 CLAIM BRANDON PRICE, et al., 15 (Doc. 14) Defendants. 16 17 The assigned magistrate judge screened the Second Amended Complaint and determined 18 Plaintiff failed to state a cognizable claim upon which relief may be granted. (Doc. 14.) The 19 magistrate judge observed that Plaintiff was previously provided the relevant legal standards and 20 failed to cure the deficiencies in his complaint. (Id. at 6.) Therefore, the magistrate judge 21 recommended the action be dismissed. (Id.) 22 The Court served the Findings and Recommendations on Plaintiff, which advised him 23 that any objections had to be filed within 14 days. (Doc. 14 at 1, 8.) In addition, the Court 24 informed Plaintiff that the “failure to file objections within the specified time may result in the 25 waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id. at 7, quoting 26 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), citing Baxter v. Sullivan, 923 F.2d 27 1391, 1394 (9th Cir. 1991).) To date, Plaintiff has not filed objections and the deadline to do so 1 | has expired. 2 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this 3 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 4 | Recommendations are supported by the record and by proper analysis. Thus, the Court 5 | ORDERS: 6 1. The Findings and Recommendations issued on January 6, 2023 (Doc. 14), are 7 ADOPTED in full. 8 2. This action is DISMISSED with prejudice. 9 3. The Clerk of the Court is directed to close this case. 10 i IT IS SO ORDERED. Dated: _January 30, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28