(PC) Scott v. Rodriguez

Filing 14

ORDER ADOPTING 11 Findings and Recommendations to Dismiss this Action for Failure to State a Cognizable Claim for Relief, signed by District Judge Jennifer L. Thurston on 06/06/2024. CASE CLOSED. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY SCOTT, 12 13 14 15 Plaintiff, v. No. 1:24-cv-00284-JLT-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THIS ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF DEPUTY R. RODRIGUEZ, (Doc. 11) Defendant. 16 17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 18 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 16, 2024, the assigned magistrate judge recommended that Plaintiff’s amended 21 complaint be dismissed for failure to state a claim upon which relief may be granted without 22 further leave to amend. (Doc. 11.) Plaintiff filed objections on May 31, 2024. (Doc. 13.) 23 According to 28 U.S.C. § 636(b)(1), the Court performed a de novo review of the action. 24 Having carefully reviewed the matter, including Plaintiff’s objections, the Court concludes the 25 Findings and Recommendations are supported by the record and by proper analysis. In his 26 objections, Plaintiff asserts that the conduct exhibited by the defendant is a common practice of 27 officers at the jail where he is housed. However, as noted in the findings and recommendations, 28 1 1 this type of verbal harassment, while troubling, does not rise to the level of a constitutional 2 violation. Thus, the Court concludes that the magistrate judge correctly determined that the 3 amended complaint failed to set forth facts to support a constitutional claim against Deputy 4 Rodriguez. Therefore, Plaintiff’s objection that he should be permitted to demonstrate that 5 Rodriguez’s conduct is part of a pattern and practice at the Kings County Jail is not persuasive. 6 Thus, the Court ORDERS: 7 1. The Findings and Recommendations issued on May 16, 2024 (Doc. 11) are 8 ADOPTED in full. 9 2. The instant action is DISMISSED for failure to state a claim. 10 3. The Clerk of Court is directed to close this case. 11 12 13 IT IS SO ORDERED. Dated: June 6, 2024 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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