(PC) Calloway v. CDCR, et al., No. 1:2023cv00034 - Document 14 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 13 Findings and Recommendations, DISMISSING the Action without Prejudice, and DIRECTING the Clerk of Court to CLOSE the CASE signed by District Judge Jennifer L. Thurston on 12/19/2023. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND CALLOWAY, Plaintiff, 12 13 14 v. CDCR, L. LUNDY, T. VALDEZ, and H. MOSELEY, No. 1:23-cv-0034 JLT HBK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE+ (Doc. 13) 15 Defendants. 16 17 Raymond Calloway seeks to hold the defendants liable for civil rights violations pursuant 18 to 42 U.S.C. § 1983. (See Doc. 10.) The magistrate judge screened the First Amended Complaint 19 pursuant to 28 U.S.C. § 1915A, and found it failed to state a cognizable claim. (See generally 20 Doc. 11.) The magistrate judge directed Plaintiff to file any amended complaint “[n]o later than 21 October 16, 2023.” (Doc. 11 at 10, emphasis omitted.) Alternatively, the Court informed 22 Plaintiff that he could file a notice of voluntary dismissal. (Id.) The Court advised that failing to 23 take either action would result in a recommendation that the action be dismissed for failure to 24 state a claim. (Id.) Plaintiff did not file an amended complaint or respond to the order. 25 Following Plaintiff’s failure to respond to the Court’s order, the magistrate judge 26 recommended the matter be dismissed for Plaintiff’s failure to prosecute and failure to comply 27 with the Court’s order. (Doc. 13.) The Findings and Recommendations notified him that any 28 objections were to be filed within 14 days of the date of service. (Id. at 5.) He did not object, and 1 1 2 the time to do so expired. (See Docket.) According to 28 U.S.C. § 636(b)(1)(C), the Court performed a de novo review of this 3 case. Having carefully reviewed the entire file, the Court concludes the Findings and 4 Recommendations are supported by the record and by proper analysis. Thus, the Court 5 ORDERS: 6 1. 7 The Findings and Recommendations filed on November 6, 2023 (Doc. 13) are ADOPTED in full. 8 2. This action is DISMISSED without prejudice. 9 3. The Clerk of Court is directed to close this case. 10 11 12 IT IS SO ORDERED. Dated: December 19, 2023 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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