(PC) Wilks v. Chowchilla Women Facility

Filing 15

ORDER ADOPTING 14 Findings and Recommendations and dismissing action signed by Magistrate Judge Gary S. Austin on 2/18/2021. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LETHA PEARL WILKS, 12 13 14 No. 1:19-cv-01640-DAD-GSA (PC) Plaintiff, v. CHOWCHILLA WOMEN FACILITY, 15 Defendant. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION (Doc. No. 14) 16 17 18 Plaintiff Letha Pearl Wilks is a civil detainee at Patton State Hospital proceeding pro se 19 and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter 20 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 21 Rule 302. 22 On October 20, 2020, the assigned magistrate judge screened plaintiff’s complaint and 23 found that the allegations in the complaint were vague and unintelligible, and that plaintiff failed 24 to state any cognizable claim. (Doc. No. 12 at 4.) In that screening order, the court provided 25 plaintiff guidance regarding the pleading and legal standards applicable to the claims she was 26 attempting to assert in her complaint, and plaintiff was granted leave to file an amended 27 complaint within thirty (30) days from service of that screening order. (Id. at 10–11.) To date, 28 plaintiff has not filed an amended complaint or sought an extension of time in which to do so. 1 1 Accordingly, on January 11, 2021, the assigned magistrate judge issued findings and 2 recommendations recommending that this action be dismissed due to plaintiff’s failure to state a 3 cognizable claim upon which relief may be granted. (Doc. No. 14.) Those pending findings and 4 recommendations were served on plaintiff and contained notice that any objections thereto were 5 to be filed within fourteen (14) days after service. (Id. at 2.) To date, no objections to the 6 pending findings and recommendations have been filed, and the time in which to do so has now 7 passed. 8 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 9 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 10 findings and recommendations are supported by the record and by proper analysis. 11 Accordingly, 12 1. 13 The findings and recommendations issued on January 11, 2021 (Doc No. 14) are adopted in full; 14 2. This action is dismissed due to plaintiff’s failure to state a claim; and 15 3. The Clerk of the Court is directed to close this case. 16 17 IT IS SO ORDERED. Dated: February 18, 2021 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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