Opinion
2:23-cv-00182-DAD-AC
04-16-2023
FLETCHER SHERMAN LEGARDY, Plaintiff, v. MCDONALDS, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION (DOC. NO. 3)
Plaintiff Fletcher Sherman Legardy 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 February 1, 2023, the assigned magistrate judge screened plaintiff's complaint and 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. 3.) The magistrate judge concluded that granting leave to amend would be futile because plaintiff's “complaint consists entirely of fanciful and delusional allegations with no basis on law and no plausible supporting facts.” (Id. at 3.) Those pending findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within twenty-one (21) days after service. (Id. at 3-4.) 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 February 1, 2023 (Doc. No. 3) are adopted in full;
2. This action is dismissed due to plaintiff's failure to state a claim; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.