(PC)Foster v. Burnes ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY TYRONE FOSTER, No. 1:22-cv-0934 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITH PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 J. BURNES and T. CAMPBELL, CLOSE THE CASE 15 Defendants. (Doc. 23) 16 17 Ricky Tyrone Foster screened seeks to hold the defendants liable for violations of his civil 18 rights related to his time in a holding cell. The magistrate judge screened Plaintiff’s First 19 Amended Complaint pursuant to 28 U.S.C. § 1915A(a) and determined he did not state 20 cognizable claims. (Doc. 23 at 5-12.) The magistrate judge observed that “[t]he The FAC 21 essentially mirrors Plaintiff’s initial complaint and reasserts the same claims previously found to 22 be deficient without remedying the defects that the Court identified in its original Screening 23 Order.” (Id.) Given the failure to cure the identified deficiencies, the magistrate judge 24 recommended the Frist Amended Complaint be dismissed without leave to amend. (Id.) 25 The Court served the Findings and Recommendations on Plaintiff and notified him that 26 any objections were due within 14 days. (Doc. 23 at 13.) The Court advised Plaintiff that the 27 “failure to file objections within the specified time may result in the waiver of his rights on 28 appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Thereafter, the 1 | Court granted an extension of time and ordered Plaintiff to “deliver his objections ... to 2 | correctional officials for mailing no later than January 24, 2024.” (Doc. 25 at 2.) The Court did 3 | not receive any objections, and the extended time for Plaintiff to object has passed. 4 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 5 | case. Having carefully reviewed the matter, the Court concludes the Findings and 6 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The Findings and Recommendations filed on December 11, 2023 (Doc. 23) are 8 ADOPTED in full. 9 2. The action is DISMISSED with prejudice. 10 3. The Clerk of Court shall close this case. 11 b IT IS SO ORDERED. 13 | Dated: _ February 8, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28