1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CANDACE SMITH, Case No. 1:24-cv-01288 JLT EPG 12 Plaintiff, ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS, 13 v. DISMISSING THE ACTION, AND DIRECTING THE CLERK OF COURT TO 14 JERRY DYER and MARAGET MIMS, CLOSE THE CASE 15 Defendants. (Doc. 4) 16 17 Candace Smith seeks to hold Jerry Dyer and Maraget Mims1 liable for several criminal 18 acts including—but not limited to—stalking, harassment, attempted murder, and “using power 19 [and] influence to get sex,” invasion of privacy, and hacking. (See Doc. 1 at 5.) Because Plaintiff 20 is proceeding in forma pauperis, the magistrate judge screened Plaintiff’s amended complaint 21 pursuant to

(e)(2). (Doc. 4.) 22 The magistrate judge found “Plaintiff’s complaint fails to comply with Rule 8 of the 23 Federal Rules of Civil Procedure, and the Court lacks subject-matter jurisdiction over this action.” 24 (Doc. 4 at 7; see also

.) In addition, the magistrate judge determined “Plaintiff should 25 not be granted leave to file an amended complaint in light of both Plaintiff’s extensive history 26 with deficient filings in this District and the apparent futility in doing so.” (Id.) Therefore, the 27 1 Plaintiff refers to Ms. Mims as “Maraget,” “Maragret” and “Margret.” (Doc. 1 at 1, 2, 5.) For the sake of 28 consistency, the Courts simply adopts the spelling in the caption of Plaintiff’s complaint. 1 | magistrate judge recommended the Court dismiss this action “without prejudice and without leave 2 | toamend.” (d.) 3 The Court served the Findings and Recommendations on Plaintiff and notified her that 4 | any objections were due within 30 days. (Doc. 4 at 7.) The Court advised Plaintiff that the 5 | “failure to file objections within the specified time may result in the waiver of rights on appeal.” 6 | Ud., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff did not file 7 | objections, and the time to do so has passed. 8 According to

(b)(1), this Court performed a de novo review of this case. 9 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 10 || are supported by the record and proper analysis. Thus, the Court ORDERS: 11 1. The Findings and Recommendations dated November 26, 2024 (Doc. 4) are 12 ADOPTED in full. 13 2. Plaintiff's complaint is DISMISSED without leave to amend and without 14 prejudice. 15 3. The Clerk of Court is directed to close this case. 16 7 IT IS SO ORDERED. 1g | Dated: _January 8, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28