(PC) Cox v. North Kern State Prison Officials, No. 1:2021cv00860 - Document 20 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 18 Findings and Recommendations, Recommending DISMISSAL of Action, with Prejudice, for Failure to Comply with Federal Rule of Civil Procedure 8 and Failure to State a Cognizable Claim signed by District Judge Dale A. Drozd on 11/21/2021. CASE CLOSED. (Sant Agata, S)
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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 DONNELL COX, 12 13 14 15 16 No. 1:21-cv-00860-NONE-BAM (PC) Plaintiff, v. NORTH KERN STATE PRISON OFFICIALS, Defendant. 17 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO COMPLY WITH FEDERAL RULE OF CIVIL PROCEDURE 8 AND FAILURE TO STATE A COGNIZABLE CLAIM (Doc. No. 18) 18 19 20 21 Plaintiff Donnell Cox is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On October 8, 2021, the assigned magistrate judge screened plaintiff’s second amended 22 complaint and issued findings and recommendations recommending that this action be dismissed 23 due to plaintiff’s failure to comply with Federal Rule of Civil Procedure 8 and failure to state a 24 cognizable claim upon which relief may be granted. (Doc. No. 18.) Among other things, the 25 findings and recommendations concluded that the allegations of plaintiff’s second amended 26 complaint had failed to sufficiently link any defendant to any potential constitutional violation. 27 (Id. at 4.) The findings and recommendations were served on plaintiff and contained notice that 28 any objections thereto were to be filed within fourteen days after service. (Id. at 8.) Plaintiff has 1 1 2 not filed objections, and the deadline to do so has now passed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 3 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 4 and recommendations to be supported by the record and by proper analysis. 5 Accordingly, 6 1. The findings and recommendations issued on October 8, 2021, (Doc. No. 18), are 7 8 adopted in full; 2. This action is dismissed, with prejudice, due to plaintiff’s failure to comply with 9 Federal Rule of Civil Procedure 8 and failure to state a cognizable claim upon which 10 11 relief may be granted; and 3. The Clerk of the Court is directed to assign a district judge to this case for the purpose 12 13 14 15 of closing the case and then to close this case. IT IS SO ORDERED. Dated: November 21, 2021 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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