Ponce v. Amtrak Railroad Company, No. 1:2021cv01200 - Document 13 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 11 Findings and Recommendations; ORDER DISMISSED for Failure to State a Cognizable Claim upon which relief may be granted, signed by District Judge Jennifer L. Thurston on 06/27/2022. CASE CLOSED(Martin-Gill, 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 DAVID PONCE, 12 13 14 15 No. 1:21-cv-01200-JLT-BAM Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 11) AMTRAK RAILROAD COMPANY, Defendant. 16 17 Plaintiff David Ponce (“Plaintiff”), a county jail inmate proceeding pro se and in forma 18 pauperis, initiated this civil rights action under 42 U.S.C. § 1983 on August 9, 2021. (Doc. 1.) 19 On May 31, 2022, the assigned magistrate judge issued findings and recommendations 20 recommending that this action be dismissed for failure to state a cognizable claim upon which 21 relief may be granted. (Doc. 11.) Those findings and recommendations were served on Plaintiff 22 and contained notice that any objections thereto were to be filed within fourteen (14) days after 23 service. (Id.) Plaintiff filed objections on June 23, 2022. (Doc. 12.) 24 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this court has conducted a 25 de novo review of the case. Having carefully reviewed the entire file, including Plaintiff’s 26 objections, the court finds that the findings and recommendations are supported by the record and 27 proper analysis. Plaintiff’s objections provide no basis for rejecting the magistrate judge’s 28 findings and recommendations, which correctly explain why Plaintiff’s claims cannot proceed. 1 1 Accordingly, 2 1. 3 4 ADOPTED IN FULL. 2. 5 6 The findings and recommendations issued on May 31, 2022 (Doc. 11) are This action is DISMISSED for failure to state a cognizable claim upon which relief may be granted. 3. The Clerk of the Court is directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: June 27, 2022 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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