(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY SCOTT,

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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.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42

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U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 16, 2024, the assigned magistrate judge recommended that Plaintiff’s amended

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complaint be dismissed for failure to state a claim upon which relief may be granted without

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further leave to amend. (Doc. 11.) Plaintiff filed objections on May 31, 2024. (Doc. 13.)

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According to 28 U.S.C. § 636(b)(1), the Court performed a de novo review of the action.

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Having carefully reviewed the matter, including Plaintiff’s objections, the Court concludes the

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Findings and Recommendations are supported by the record and by proper analysis. In his

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objections, Plaintiff asserts that the conduct exhibited by the defendant is a common practice of

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officers at the jail where he is housed. However, as noted in the findings and recommendations,

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this type of verbal harassment, while troubling, does not rise to the level of a constitutional

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violation. Thus, the Court concludes that the magistrate judge correctly determined that the

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amended complaint failed to set forth facts to support a constitutional claim against Deputy

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Rodriguez. Therefore, Plaintiff’s objection that he should be permitted to demonstrate that

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Rodriguez’s conduct is part of a pattern and practice at the Kings County Jail is not persuasive.

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Thus, the Court ORDERS:

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1.

The Findings and Recommendations issued on May 16, 2024 (Doc. 11) are

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ADOPTED in full.

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

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3.

The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

June 6, 2024

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