Opinion
1:23-cv-00970-JLT-SAB
09-17-2023
MELVIN JOSEPH SIMMONS, Plaintiff, v. U.S. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING MOTION FOR RELIEF, DENYING MOTIONS FOR JOINDER, DISMISSING ACTION FOR BEING FRIVOLOUS AND FOR FAILING TO STATE A COGNIZABLE CLAIM, AND DIRECTING CLERK OF COURT TO CLOSE CASE (DOCS. 1, 6, 7, 8, 13, 14, 15)
The assigned Magistrate Judge issued Findings and Recommendations recommending that: Plaintiff's complaint be dismissed without leave to amend pursuant to 28 U.S.C. § 1915A(b)(1) as frivolous, and for failing to state a cognizable claim; that Plaintiff's motion for relief (Doc. 6) be denied; that Plaintiff's motion for joinder (Doc. 7) be denied; that Plaintiff's motion for joinder (Doc. 8) be denied; and that this action be dismissed. (Doc. 14.) Plaintiff objected. (Doc. 15.)
Pursuant to 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 including the filed objections, which do not meaningfully address the magistrate judges' reasoning, the Court concludes that the Findings and Recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS:
1. The Findings and Recommendations issued on August 14, 2023 (Doc. 14), are ADOPTED IN FULL.
2. Plaintiff's complaint is dismissed without leave to amend pursuant to 28 U.S.C. § 1915A(b)(1) as frivolous, and for failing to state a cognizable claim.
3. Plaintiff's motion for relief (Doc. 6) is DENIED.
4. Plaintiff's motion for joinder (Doc. 7) is DENIED.
5. Plaintiff's motion for joinder (Doc. 8) is DENIED.
6. This action is DISMISSED with prejudice.
7. The Clerk of Court is directed to close this case.
IT IS SO ORDERED.