(PS) Van Den Heuvel v. Musso

Filing 9

ORDER signed by District Judge Troy L. Nunley on 1/10/2022 ADOPTING 3 Findings and Recommendations in full, GRANTING 2 Motion to Proceed IFP, and DISMISSING 1 Complaint with prejudice because it fails to state a claim upon which relief can be granted and because there is no federal jurisdiction to hear this case. CASE CLOSED. (Huang, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEAN MARC VAN DEN HEUVEL,

12
13
14

No. 2:21-cv-01659-TLN-AC

Plaintiff,
v.

ORDER

RODGER MUSSO,

15

Defendant.

16
17
18
19

Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a
United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On September 17, 2021 the magistrate judge filed findings and recommendations, which

20

were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

21

and recommendations were to be filed within 21 days. (ECF No. 3.) Plaintiff has not filed

22

objections to the findings and recommendations.

23

The Court has reviewed the file and finds the findings and recommendations to be

24

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

25

ORDERED that:

26

1. The findings and recommendations filed September 17, 2021, are adopted in full; and

27

2. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is GRANTED but the

28

complaint is DISMISSED with prejudice because it fails to state a claim upon which relief can be
1

1

granted and because there is no federal jurisdiction to hear this case.

2

DATED: January 10, 2022

3
4
5
6

Troy L. Nunley
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2