(PC) Ennis v. Martinez ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH L. ENNIS, No. 1:23-cv-1330 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION FOR FAILURE TO STATE A CLAIM, AND DIRECTING THE CLERK OF 14 MARTINEZ, COURT TO CLOSE THIS CASE 15 Defendant. (Doc. 14) 16 17 Joseph L. Ennis seeks to hold Rose Martinez, a nurse at the Substance Abuse Treatment 18 Facility- Corcoran, liable for violating his civil rights arising under the Eighth Amendment. 19 (Doc. 12.) The magistrate judge screened the First Amended Complaint pursuant to 28 U.S.C. § 20 1915A(a) and found Plaintiff failed to state a cognizable claim. (Doc. 14 at 3-5.) The magistrate 21 judge noted the Court informed Plaintiff of the applicable legal standards when screening the 22 initial complaint. (Id. at 5.) Because Plaintiff again failed to state a claim, the magistrate judge 23 determined further leave to amend was futile and recommended the action be dismissed. (Id.) 24 The Findings and Recommendations were served on Plaintiff, and contained a notice that 25 any objections were due within 14 days. (Doc. 14 at 5.) The Court advised Plaintiff that failure 26 to file timely objections may result in the waiver of rights on appeal. (Id., citing Wilkerson v. 27 Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Plaintiff did not file objections and the time to do 28 so expired. 1 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of the case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 | are supported by the record and by proper analysis. Accordingly, the Court ORDERS: 4 1. The Findings and Recommendations issued on December 5, 2023 (Doc. 14) are 5 ADOPTED in full. 6 2. This action is DISMISSED with prejudice for failure to state a cognizable claim 7 upon which relief may be granted. 8 3. The Clerk of Court is directed to close this case. 9 10 IT IS SO ORDERED. Dated: _ January 17, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28