Opinion
2:22-cv-02292-DAD-CKD (PS)
08-15-2023
JEAN MARC VAN DEN HEUVEL, Plaintiff, v. KATHY MCMILLAN, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION (DOC. NO. 9)
Plaintiff Jean Marc Van den Heuvel is proceeding pro se and in forma pauperis in this civil action. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 28, 2023, the assigned magistrate judge issued findings and recommendations recommending that this action be dismissed, without leave to amend, due to plaintiff's failure to state a cognizable claim upon which relief may be granted. (Doc. No. 9.) The magistrate judge concluded that granting further leave to amend would be futile because plaintiff failed “to provide additional information about his claims despite specific instructions from the court” and instead asserted that “the injuries need not be [d]etailed further.” (Id. at 3.) Those pending findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 4.) To date, no objections to the pending findings and recommendations have been filed, and the time in which 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 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the findings and recommendations are supported by the record and by proper analysis.
Accordingly,
1. The findings and recommendations issued on June 28, 2023 (Doc. No. 9) are adopted in full;
2. This action is dismissed due to plaintiff's failure to state a cognizable claim; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.