1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID M. TRAVERS, Case No. 1:25-cv-0033 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF 14 J. MACOMBER, et al., (Doc. 11) 15 Defendants.

16 17 David Travers seeks to hold the defendants liable for violations of his civil rights and 18 Proposition 57 while housed at the Substance Abuse Treatment Facility in Corcoran. (See 19 generally Doc. 1.) The magistrate judge screened Plaintiff’s complaint pursuant to

1915A(a) and found Plaintiff failed to state a cognizable claim. (Doc. 11 at 3-7.) In addition, the 21 magistrate judge determined leave to amend would be futile “[b]ecause Plaintiff cannot state a 22 claim as a matter of law.” (Id. at 7.) Therefore, the magistrate judge recommended the Court 23 dismiss the action “for failure to state a claim upon which relief may be granted.” (Id.) 24 The Court served the Findings and Recommendations on Plaintiff and notified him that 25 any objections were due within 30 days. (Doc. 11 at 7.) The Court advised Plaintiff that the 26 “failure to file objections within the specified time may result in the waiver of rights on appeal.” 27 (Id. at 8, citing Wilkerson v. Wheeler,

, 838–39 (9th Cir. 2014).) Despite receiving 28 an extension of time, Plaintiff did not file objections, and the time to do so has passed. 1 According to

(b)(1), the Court performed a de novo review of the action. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 | are supported by the record and by proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on January 17, 2025 (Doc. 11) are 5 ADOPTED in full. 6 2. Plaintiff's complaint is DISMISSED with prejudice for failure to state a claim. 7 3. The Clerk of Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ March 17, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28