(PC) Ramirez v. Perez et al, No. 1:2022cv00564 - Document 24 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 21 Findings and Recommendations and DISMISSING action signed by District Judge Jennifer L. Thurston on 11/18/2022. CASE CLOSED. (Lundstrom, T)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ISRAEL RAMIREZ, Plaintiff, 11 12 13 Case No. 1:22-cv-00564-JLT-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION v. PEREZ, et al., (Doc. 21) Defendants. 14 15 16 Plaintiff filed a first amended complaint on June 21, 2022. (Doc. 16.) The Court 17 screened it and found it set forth no cognizable claims because of the “illegible and 18 incomprehensible nature of the complaint.” (Doc. 19) The Court granted Plaintiff thirty days to 19 file second amended complaint. Id. 20 Plaintiff failed to file a second amended complaint or otherwise respond to the Court’s 21 order. Therefore, the Court ordered Plaintiff to show cause why the action should not be 22 dismissed. (Doc. 20.) Plaintiff failed to respond. Therefore, the Court issued Findings and 23 Recommendations to dismiss the action for failure to state a cognizable claim for relief, failure to 24 comply with a court order and failure to prosecute. (Doc. 21.) The Court served Findings and 25 Recommendations on Plaintiff, which contained notice that objections were due within fourteen 26 days. (Id.) 27 Plaintiff filed an untimely response to the order to show cause. (Doc. 22.) The Court 28 construes Plaintiff’s response as objections to the Findings and Recommendations. However, the 1 1 objections do not meaningfully address any of the Court’s prior orders or the Findings and 2 Recommendations. According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo 3 review of this case. Having carefully reviewed the entire matter, including Plaintiff’s objections, 4 the Court concludes the Findings and Recommendations are supported by the record and by 5 proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on October 7, 2022 (Doc. 21) are 7 ADOPTED IN FULL. 8 2. The instant action is DISMISSED for failure to state a cognizable claim for relief. 9 10 11 IT IS SO ORDERED. Dated: November 18, 2022 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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