1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAWANE ARTHUR MALLETT, No. 2:23-cv-00394-DAD-DMC (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING 14 JOHN K. VINCENT, et al., THIS ACTION 15 Defendants. (Doc. Nos. 2, 9) 16 17 Plaintiff Dawane Arthur Mallett, proceeding pro se, initiated this civil rights action under 18 Bivens v. Six Unknown Named Agents,

(1971) on March 2, 2023. (Doc. No. 1.) 19 This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 20 § 636(b)(1)(B) and Local Rule 302. 21 On March 15, 2024, the magistrate judge issued findings and recommendations 22 recommending that this action be dismissed, without leave to amend, due to plaintiff’s failure to 23 state a cognizable claim upon which relief may be granted. (Doc. No. 9.) Those findings and 24 recommendations were served on plaintiff and contained notice that any objections thereto were 25 to be filed within fourteen (14) days from the date of service. (Id. at 7.) To date, no objections to 26 the pending findings and recommendations have been filed, and the time in which to do so has 27 now passed. 28 ///// 1 In accordance with the provisions of

(b)(1)(©), this court has conducted a 2 | de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 | findings and recommendations are supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on March 15, 2024 (Doc. No. 9) are 6 adopted in full; 7 2. This action is dismissed due to plaintiff's failure to state a cognizable claim for 8 relief; 9 3. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is denied as 10 having been rendered moot by this order; and 11 4. The Clerk of the Court is directed to close this case. 12 IT IS SO ORDERED. ' | pated: _ June 11, 2024 □□□ A. 2, ye 14 DALE A. DROZD 5 UNITED STATES DISTRICT JUDGE

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