Phillips v. Sacramento Department of Child Support Services

United States District Court for the Eastern District of California

Phillips v. Sacramento Department of Child Support Services

Trial Court Opinion

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7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ST. ANTHONY PHILLIPS, Case No. 1:24-cv-00598-KES-SAB

12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. ACTION FOR FAILURE TO STATE A CLAIM, FAILURE TO PROSECUTE, AND 14 SACRAMENTO DEPARTMENT OF CHILD FAILURE TO OBEY COURT ORDERS

SUPPORT SERVICES, et al., 15 Doc. 7

Defendants. 16

17 Plaintiff Michael St. Anthony Phillips is proceeding pro se and in forma pauperis in this 18 action filed on May 20, 2024. Doc. 1. This matter was referred to a United States magistrate judge 19 pursuant to

28 U.S.C. § 636

(b)(1) and Local Rule 302. 20 On July 18, 2024, the assigned magistrate judge screened plaintiff’s complaint and granted 21 him leave to amend in order to cure the identified deficiencies. Doc. 6. Plaintiff failed to file a 22 first amended complaint within the thirty-day deadline. On August 23, 2024, the assigned 23 magistrate judge issued findings and recommendations, recommending that plaintiff’s complaint 24 be dismissed without prejudice for failure to state a claim, failure to prosecute, and failure to comply 25 with a court order. Doc. 7. The findings and recommendations were served on plaintiff and 26 contained notice that objections were to be filed within fourteen days.

Id. at 10

. Plaintiff was also 27 informed that failure to file objections within the specified time may result in the waiver of rights 28 1 | appeal. 7d. (quoting Wilkerson v. Wheeler,

772 F.3d 834, 839

(9th Cir. 2014)). No objections 2 | have been filed and the time to do so has passed. 3 In accordance with

28 U.S.C. § 636

(b)(1), this Court has conducted a de novo review of 4 | this case. Having carefully reviewed the matter, the Court concludes that the findings and 5 || recommendations are supported by the record and proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations issued on August 23, 2024, Doc. 7, are 8 adopted in full; 9 2. This action is dismissed without prejudice; and 10 3. The Clerk of the Court is directed to close this case. 11 12 13 | □□ □□ SO ORDERED. _ 14 Dated: _ January 16, 2025 4h UNITED STATES DISTRICT JUDGE

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Reference

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