Henderson v. Hamilton et al

Filing 14

ORDER ADOPTING 12 Findings and Recommendations, signed by District Judge Jennifer L. Thurston on 1/9/2022. CASE CLOSED(Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DAE HENDERSON, JR.,
Plaintiff,

12
13

v.

No. 1:21-cv-00697-JLT-SKO
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. No. 12)

14
JEFFREY Y. HAMILTON, et al.,

15

Defendants.

16
17
18

On April 28, 2021, plaintiff Dae Henderson, Jr., proceeding pro se and in forma pauperis,

19 filed a complaint. (Doc. No. 1.) On June 30, 2021, before the court screened the initial complaint,
20 plaintiff filed a first amended complaint as a matter of course, see Fed. R. Civ. P. Rule 15(a)(1).
21 (Doc. No. 6.) On July 12, 2021, plaintiff lodged another amended complaint1 (Doc. No. 8), which
22 the court construed as a motion to amend the first amended complaint, and granted. (Doc. No.
23 12.) The Clerk of the Court was directed to file the July 12, 2021 lodged amended complaint as
24 the second amended complaint. (Id.)
25

On November 24, 2021, the assigned magistrate judge screened the second amended

26 complaint, issued findings that the complaint failed to state any cognizable claims because
27
28

1

Despite having filed a first amended complaint on June 30, 2021 (Doc. No. 6), plaintiff titles the amended pleading
lodged on July 12, 2021, as a “First Amended Complaint” (see Doc. No. 8).

1 plaintiff’s claims against defendants were precluded by immunity, and recommended that
2 plaintiff’s second amended complaint be dismissed without leave to amend. (Doc. No. 12.)
3 Plaintiff was served with those findings and recommendation and was granted twenty-one (21)
4 days in which to file any objections thereto. (Id.) No objections have been filed, and the time do
5 so has expired.
6

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

7 de novo review of the case. Having carefully reviewed the entire file, the court finds that the
8 findings and recommendations are supported by the record and proper analysis. Accordingly,
9

1.

10

The findings and recommendations issued November 24, 2021 (Doc. No. 12) are
adopted in full;

11

2.

This action is dismissed with prejudice; and

12

3.

The Clerk of Court is directed to assign a district judge to this matter for the

13

purposes of closure and then to close this case.

14
15
16

IT IS SO ORDERED.
Dated:

January 9, 2022

17
18
19
20
21
22
23
24
25
26
27
28
2