(PC) Hagiwara v. Rao, et al., No. 1:2019cv00189 - Document 11 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 10 Findings and Recommendations; ORDER DISMISSING Plaintiff's First Amended Complaint Without Leave to Amend; and ORDER DENYING AS MOOT All Pending Motions re 7 signed by District Judge Dale A. Drozd on 8/11/2020. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDELTRAUD HAGIWARA, 12 Plaintiff, 13 14 No. 1:19-cv-00189-DAD-JLT (PC) v. DR. DAVID RAO, 15 Defendant. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING PLAINTIFF’S FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND (Doc. No. 10) 17 18 Plaintiff Edeltraud Hagiwara is a prisoner proceeding pro se with this civil rights action 19 20 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 2, 2020, the assigned magistrate judge screened the complaint and found that 22 23 plaintiff had failed to state a cognizable claim. (Doc. No. 10 at 4–5.) The magistrate judge then 24 issued findings and recommendations, recommending that the action be dismissed without leave 25 to amend. (Id. at 5.) The findings and recommendations were served on plaintiff and contained 26 notice that any objections were to be filed within fourteen (14) days of service. (Id.) No 27 objections have been filed, and the time to do so has now passed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, the 2 court has conducted a de novo review of the case. Having carefully reviewed the entire file, the 3 court concludes that the findings and recommendations are supported by the record and proper 4 analysis. 5 Accordingly: 6 1. 7 8 The findings and recommendations issued on July 2, 2020 (Doc. No. 10) are adopted in full; 2. Plaintiff’s First Amended Complaint is dismissed without leave to amend due to plaintiff’s failure to state a cognizable claim; 9 10 3. All pending motions are denied as moot; and 11 4. The Clerk of the Court is directed to close this case. 12 13 IT IS SO ORDERED. Dated: August 11, 2020 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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