(PS) Clewies v. AT&T et al, No. 2:2023cv00834 - Document 6 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Dale A. Drozd on 7/12/2023 ADOPTING 5 Findings and Recommendations in full. This action is dismissed due to plaintiff's failure to state a cognizable claim. CASE CLOSED. (Perdue, C.)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRYL G. CLEWIES, II, 12 13 14 15 No. 2:23-cv-00834-DAD-KJN (PS) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AT&T, et al., (Doc. No. 5) Defendants. 16 17 Plaintiff Darryl G. Clewies, II is proceeding pro se and in forma pauperis in this civil 18 action. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. 20 On June 14, 2023, the assigned magistrate judge issued findings and recommendations 21 recommending that this action be dismissed, without leave to amend, due to plaintiff’s failure to 22 state a cognizable claim upon which relief may be granted. (Doc. No. 5.) The magistrate judge 23 concluded that granting further leave to amend would be futile because plaintiff in this action 24 seeks to bring a single claim under the Fair Debt Collection Practices Act (“FDCPA”) against 25 defendant AT&T based on allegations that AT&T had attempted to collect a debt plaintiff owed 26 to AT&T, but FDCPA claims can only be brought against “debt collectors,” which is defined as 27 one who engages in debt collection on behalf of a third party, not an “entity that collects a debt 28 owed to itself.” (Id. at 3.) Those pending findings and recommendations were served on plaintiff 1 1 and contained notice that any objections thereto were to be filed within fourteen (14) days after 2 service. (Id. at 4–5.) To date, no objections to the pending findings and recommendations have 3 been filed, and the time in which to do so has now passed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 5 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 6 findings and recommendations are supported by the record and by proper analysis. 7 Accordingly, 8 1. 9 The findings and recommendations issued on June 14, 2023 (Doc. No. 5) are adopted in full; 10 2. This action is dismissed due to plaintiff’s failure to state a cognizable claim; and 11 3. The Clerk of the Court is directed to close this case. 12 IT IS SO ORDERED. 13 Dated: July 12, 2023 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
