1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TROY SYKES, No. 1:23-cv-0967 JLT EPG 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM, AND DIRECTING 14 SCOTT MACOMBER, THE CLERK OF COURT TO CLOSE THE CASE 15 Defendant. (Doc. 10) 16 17 Troy Sykes is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action, in which he asserts the defendant violated his civil rights by not providing a free college 19 education in the California State University and University of California programs. (Doc. 9.) The 20 magistrate judge found Plaintiff failed to state a cognizable claim, and recommended the action 21 be dismissed with prejudice. (Doc. 10.) 22 The Court served the Findings and Recommendations on Plaintiff and notified him that 23 any objections were due within 30 days. (Doc. 10 at 8.) The Court advised him the “failure to file 24 objections within the specified time may result in the waiver of rights on appeal.” (Id. at 9, citing 25 Wilkerson v. Wheeler,

(9th Cir. 2014), Baxter v. Sullivan,

, 26 1394 (9th Cir. 1991).) Plaintiff did not file objections, and the time to do so has passed. 27 According to

(b)(1)(C), this Court performed a de novo review of this 28 case. Having carefully reviewed the matter, the Court concludes the Findings and 1 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The Findings and Recommendations entered on January 29, 2024 (Doc. 10) are 3 ADOPTED in full. 4 2. This action is DISMISSED with prejudice for failure to state a claim. 5 3. The Clerk of Court is directed to close this case. 6 7 IT IS SO ORDERED. 3 Dated: _ March 15, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28