Opinion
1:21-cv-1570 JLT HBK (PC)
09-06-2023
DARNELL DUKES, Plaintiff, v. TAMMY SOTO and JOHN PEARCE, Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE ACTION, AND DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION
(DOC. 12)
Darnell Dukes seeks to hold the defendants liable for deliberate indifference to his serious medical need in violation of the Eighth Amendment. (See Doc. 11.) The magistrate judge found Plaintiff failed to state a cognizable claim, and further leave to amend would be futile. (Doc. 12 at 5-9.) Therefore, the magistrate judge recommended the action be dismissed without leave to amend. (Id. at 10.) The Court served the Findings and Recommendations on Plaintiff on the same date, and it notified him that any objections must be filed within 14 days. (Id.) The Court also informed him that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff did not file objections and the time to do so has expired.
According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. Having carefully reviewed the entire matter, the Court concludes the Findings and
Recommendation are supported by the record and by proper analysis. Thus, the Court ORDERS:
1. The Findings and Recommendations filed on July 28, 2023 (Doc. 12) are ADOPTED in full.
2. Plaintiff's First Amended Complaint is DISMISSED without leave to amend.
3. The Clerk of Court is directed to close the case.
IT IS SO ORDERED.