Duarte v. VA Hospital ( 2024 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 ESTERN DISTRICT OF CALIFORNIA 8 9 FRANCES G. DUARTE, Case No. 1:23-cv-00493-JLT-SKO 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT THE ACTION 11 v. BE DISMISSED 12 VA HOSPITAL, (Doc. 14) 13 Defendant. 14 15 Frances G. Duarte is proceeding pro se and in forma pauperis, in this action. The assigned 16 magistrate judge screened Plaintiff’s second amended complaint (Doc. 11) and issued Findings 17 and Recommendations, recommending that this case be dismissed without leave to amend. (Doc. 18 14.) The Court served the Findings and Recommendations on Plaintiff and notified her that any 19 objections were due within 21 days. (Id. at 9.) The Court also advised Plaintiff that “failure to file 20 objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 21 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) (Id.) No objections were filed and 22 the time to do so has passed. 23 According to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this 24 case. Having carefully reviewed the entire file, the Court Concludes the Findings and 25 Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 26 1. The April 3, 2024 Findings and Recommendations (Doc. 14) are ADOPTED IN 27 FULL. 28 2. All claims and defendants are DISMISSED without leave to amend. 1 3. The Clerk of Court is directed to CLOSE THIS CASE. 2 3 IT IS SO ORDERED. 4| Dated: _ May 28, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28