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Galvan v. Milasich

United States District Court, Eastern District of California
Oct 14, 2022
1:22-cv-00974-JLT-SAB (PC) (E.D. Cal. Oct. 14, 2022)

Opinion

1:22-cv-00974-JLT-SAB (PC)

10-14-2022

IVAN DEJESUS VALTI GALVAN, Plaintiff, v. V. MILASICH, Defendant.


ORDER DISMISSING ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF, AND DIRECTING CLERK OF COURT TO CLOSE THE ACTION

(Doc. 14)

The assigned magistrate judge screened the First Amended Complaint and found Plaintiff failed to state a cognizable claim. (Doc. 14.) In addition, the Court determined that further leave to amend would be futile given Plaintiff's failure to cure the deficiencies previously identified to him. (Id.)

The Court served the Findings and Recommendations on Plaintiff. It contained notice that any objections were to be filed within 14 days after service. (Id. at 6.) The Court advised Plaintiff that “failure to file objections within the specified time may result in the waiver of the ‘right to challenge the magistrate's factual findings' on appeal.” (Id. quoting Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) To date, Plaintiff has not filed objections, and the time to do has expired.

According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the case. Having carefully reviewed the entire matter, the Court concludes the magistrate judge's Findings and Recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS:

1. The Findings and Recommendations issued on September 16, 2022 (Doc. 14) are ADOPTED IN FULL.

2. The instant action is DISMISSED for failure to state a cognizable claim for relief.

3. The Clerk of Court is directed to close this action.

IT IS SO ORDERED.


Summaries of

Galvan v. Milasich

United States District Court, Eastern District of California
Oct 14, 2022
1:22-cv-00974-JLT-SAB (PC) (E.D. Cal. Oct. 14, 2022)
Case details for

Galvan v. Milasich

Case Details

Full title:IVAN DEJESUS VALTI GALVAN, Plaintiff, v. V. MILASICH, Defendant.

Court:United States District Court, Eastern District of California

Date published: Oct 14, 2022

Citations

1:22-cv-00974-JLT-SAB (PC) (E.D. Cal. Oct. 14, 2022)