(PC) Ramirez v. Perez et al

Filing 24

ORDER ADOPTING 21 Findings and Recommendations and DISMISSING action signed by District Judge Jennifer L. Thurston on 11/18/2022. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ISRAEL RAMIREZ,
Plaintiff,

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Case No. 1:22-cv-00564-JLT-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION

v.
PEREZ, et al.,

(Doc. 21)
Defendants.

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Plaintiff filed a first amended complaint on June 21, 2022. (Doc. 16.) The Court

17 screened it and found it set forth no cognizable claims because of the “illegible and
18 incomprehensible nature of the complaint.” (Doc. 19) The Court granted Plaintiff thirty days to
19 file second amended complaint. Id.
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Plaintiff failed to file a second amended complaint or otherwise respond to the Court’s

21 order. Therefore, the Court ordered Plaintiff to show cause why the action should not be
22 dismissed. (Doc. 20.) Plaintiff failed to respond. Therefore, the Court issued Findings and
23 Recommendations to dismiss the action for failure to state a cognizable claim for relief, failure to
24 comply with a court order and failure to prosecute. (Doc. 21.) The Court served Findings and
25 Recommendations on Plaintiff, which contained notice that objections were due within fourteen
26 days. (Id.)
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Plaintiff filed an untimely response to the order to show cause. (Doc. 22.) The Court

28 construes Plaintiff’s response as objections to the Findings and Recommendations. However, the

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1 objections do not meaningfully address any of the Court’s prior orders or the Findings and
2 Recommendations. According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo
3 review of this case. Having carefully reviewed the entire matter, including Plaintiff’s objections,
4 the Court concludes the Findings and Recommendations are supported by the record and by
5 proper analysis. Thus, the Court ORDERS:
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1.

The Findings and Recommendations issued on October 7, 2022 (Doc. 21) are

7 ADOPTED IN FULL.
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2.

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

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IT IS SO ORDERED.
Dated:

November 18, 2022

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