Powell v. Segerstrom

United States District Court for the Eastern District of California

Powell v. Segerstrom

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 SHANNON R. POWELL, ) Case No.: 1:24-cv-0969 JLT SKO ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITH PREJUDICE, AND DIRECTING ) THE CLERK OF COURT TO CLOSE THE CASE 14 THE UNITED STATES, et al., ) ) (Doc. 4) 15 Defendants. ) ) 16 )

17 Shannon R. Powell is proceeding pro se in this action against the following defendants: The 18 United States, Tuolumne County Judge Donald Segerstrom, Governor Gavin Newsom, Vice President 19 Kamala Harris, Secretary of Defense Lloyd J. Austin III, “Ex-Governor” Edward Brown, “The Federal 20 Judicial Judges,” Federal Bureau of Investigation, and “U.S. Marshals.” (Doc. 1 at 1–5.) Plaintiff’s 21 complaint purports to allege claims for “rights of a citizen,” “rights of a holy ghost,” and “rights of my 22 own mind and thought.” (Id.) 23 The magistrate judge found Plaintiff failed to state a cognizable claim upon which relief may 24 be granted, and the “complaint consists entirely of fanciful and delusional allegations with no basis in 25 law and no plausible supporting facts.” (Doc. 4 at 3; see also id. at 2-3.) Therefore, the magistrate 26 judge recommended Plaintiff’s complaint be dismissed with prejudice. (Id. at 3-4.) The Court served 27 the Findings and Recommendations upon Plaintiff and notified him that any objections must be filed 28 within 30 days of the date of service. (Id. at 4.) The Court also informed Plaintiff that the “failure to 1 || file objections within the specified time may result in the waiver of rights on appeal.” (d., citing 2 || Wilkerson v. Wheeler,

772 F.3d 834, 839

(9th Cir. 2014).) Plaintiff did not file any objections, and tk 3 || time to do so has expired. 4 Pursuant to

28 U.S.C. § 636

(b)(1), this Court performed a de novo review of this case. Havin 5 || carefully reviewed the entire matter, the Court concludes the Findings and Recommendations are 6 || supported by the record and proper analysis. Accordingly, the Court ORDERS: 7 1. The Findings and Recommendations (Doc. 4) are ADOPTED in full. 8 2. The complaint is dismissed without leave to amend. 9 3. The action is DISMISSED with prejudice as frivolous. 10 4. The Clerk of Court shall close this action. 11 12 IS SO ORDERED. 13 || Dated: _ October 18, 2024 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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