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Jones v. Pope

United States District Court, Eastern District of California
Nov 29, 2022
1:22-cv-01232-JLT-SKO (E.D. Cal. Nov. 29, 2022)

Opinion

1:22-cv-01232-JLT-SKO

11-29-2022

DAVID D. JONES and FAAVAOA JONES, Plaintiffs, v. THOMAS J. POPE, Defendant.


ORDER ADOPTING IN FULL FINDINGS AND RECOMMENDATION TO DISMISS WITHOUT PREJUDICE

(DOC. 6)

David D. Jones and Faavaoa Jones are proceeding pro se and in forma pauperis in this action, which they initiated by filing a complaint on September 27, 2022. (Doc. 1.) On October 25, 2022, the assigned magistrate judge found that the complaint does not set forth any cognizable federal claim and there is no diversity jurisdiction. (Doc. 6.) Accordingly, the magistrate judge recommended that this action be dismissed without prejudice and without leave to amend. (Id.)

The Court granted the parties 21 days from the date of service to file any objections to the recommendation of the magistrate judge. (Doc. 6 at 6.) In addition, the Court advised them “that failure to file objections within the specified time may waive the right to appeal the district judge's order.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014).) Thus, any objections were due no later than November 18, 2022. To date, no objections have been filed.

According to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist.,708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully reviewed the matter, the Court finds the findings and recommendation are supported by the record and proper analysis. Based upon the foregoing, the Court ORDERS:

1. The findings and recommendations filed October 25, 2022 (Doc. 6) are ADOPTED IN FULL.
2. This action is DISMISSED WITHOUT PREJUDICE.
3. The Clerk of Court is directed to CLOSE this case.

IT IS SO ORDERED.


Summaries of

Jones v. Pope

United States District Court, Eastern District of California
Nov 29, 2022
1:22-cv-01232-JLT-SKO (E.D. Cal. Nov. 29, 2022)
Case details for

Jones v. Pope

Case Details

Full title:DAVID D. JONES and FAAVAOA JONES, Plaintiffs, v. THOMAS J. POPE, Defendant.

Court:United States District Court, Eastern District of California

Date published: Nov 29, 2022

Citations

1:22-cv-01232-JLT-SKO (E.D. Cal. Nov. 29, 2022)

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