Metcalf v. Viapath Technologies Touchpaz Holdings, LLC et al

Filing 9

ORDER ADOPTING 7 Findings and Recommendations signed by District Judge Kirk E. Sherriff on 7/5/2024. CASE CLOSED. (Xiong, J.)

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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 DENZELL MAGIC METCALF, 12 13 14 15 Plaintiff, No. 1:24-cv-00004-KES-HBK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 7) VIAPATH TECHNOLOGIES TOUCHPAZ HOLDINGS LLC and GLOBAL TEL LINK CORP., 16 Defendants. 17 18 Plaintiff Denzell Magic Metcalf is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 21 Rule 302. 22 On February 15, 2024, the assigned magistrate judge screened plaintiff’s complaint, 23 found it failed to state a cognizable claim, and granted plaintiff until March 19, 2024, to deliver 24 an amended complaint to correctional officials for mailing. (Doc. 4.) Plaintiff timely filed a first 25 amended complaint (“FAC”). (Doc. 5.) On April 26, 2024, the magistrate judge issued findings 26 and recommendations recommending this action be dismissed, without prejudice, because the 27 FAC was frivolous and lacked an arguable basis in law or fact. (Doc. 7.) The findings and 28 recommendations were served on plaintiff and contained notice that objections were to be filed 1 1 within fourteen days of service. (Id. at 8.) Plaintiff filed untimely objections to the findings and 2 recommendations on June 20, 2024. (Doc. 8.) Plaintiff’s objections fail to address the many 3 shortcomings of his FAC as described in the findings and recommendations. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this court has conducted a 5 de novo review of the case. After carefully reviewing the entire file, the court concludes the 6 findings and recommendations are supported by the record and proper analysis. 7 Accordingly: 8 1. 9 10 adopted in full; 2. 11 12 The findings and recommendations issued on April 26, 2024 (Doc. 7) are This action is dismissed as frivolous and for failure to state a claim, without further leave to amend; 3. The Clerk of the Court is directed to close this case. 13 14 15 16 IT IS SO ORDERED. Dated: July 5, 2024 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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