Metcalf v. Paramount Pictures Corporation et al

Filing 13

ORDER ADOPTING 9 Findings and Recommendations signed by District Judge Kirk E. Sherriff on 7/5/2024. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENZELL MAGIC METCALF, Plaintiff, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. 13 14 No. 1:24-cv-00015-KES-SAB (PC) PARAMOUNT PICTURES CORP., et al., 15 (Doc. Nos. 9, 12) Defendants. 16 17 Plaintiff Denzell Magic Metcalf is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 11, 2024, the assigned magistrate judge issued findings and recommendations 21 recommending that this action be dismissed for being frivolous and lacking in any arguable basis 22 of fact or law. (Doc. 9.) Plaintiff was granted 21 days to file objections to the findings and 23 recommendations. (Id. at 11.) On April 5, 2024, plaintiff filed objections and a motion to relate, 24 which the court construes as a notice of related cases pursuant to Local Rule 123.1 (Docs. 11, 12.) 25 Plaintiff’s objections reiterate some of the allegations in his complaint but fail to address the 26 shortcomings of the complaint as described in the findings and recommendations. 27 The related case identified in plaintiff’s motion, case no. 1:24-cv-00004-KES-HBK, was ordered dismissed on July 5, 2024. 1 28 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this court has conducted a de 2 novo review of the case. After carefully reviewing the file, the court concludes the findings and 3 recommendations are supported by the record and proper analysis. 4 Accordingly: 5 1. 6 7 full; 2. 8 9 The complaint is dismissed, without leave to amend, as frivolous and lacking an arguable basis in fact or law; 3. 10 11 The findings and recommendations issued March 11, 2024 (Doc. 9) are adopted in Plaintiff’s motion to relate (Doc. 12) is denied as having been rendered moot by this order; 4. The Clerk of the Court is directed to close this case. 12 13 14 15 IT IS SO ORDERED. Dated: July 5, 2024 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?