1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY AYERS, Case No. 1:24-cv-01301 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITH PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 SERGEANT VASQUEZ and OFFICER CLOSE THE CASE HUDSON, 15 (Doc. 21) Defendants. 16 17 Bobby Ayers seeks to hold Sergeant Vasquez and Officer Hudson liable for violations of 18 his civil rights while housed at the California Correctional Institute- Tehachapi. (See Doc. 20.) 19 The magistrate judge screened Plaintiff’s third amended complaint pursuant to

1915A and found he failed to allege facts sufficient to support a claim. (Doc. 21 at 5-7.) The 21 magistrate judge observed that despite being provided the applicable legal standards in prior 22 screening orders, the third amended complaint “suffers from many of the same pleading 23 deficiencies identified.” (Id. at 7.) Therefore, the magistrate judge found that further leave to 24 amend was futile and recommended the Court dismiss the action for failure to state a claim. (Id.) 25 The Court served the Findings and Recommendations on Plaintiff and notified him that 26 any objections were due within 14 days. (Doc. 21 at 7.) The Court advised him that the “failure 27 to file any objections within the specified time may result in the waiver of certain rights on 28 appeal.” (Id., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff did 1 | not file objections, and the time to do so has passed. 2 According to

(b)(1), this Court performed a de novo review of this case. 3 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 4 | are supported by the record and proper analysis. Thus, the Court ORDERS: 5 1. The Findings and Recommendations dated on July 3, 2025 (Doc. 21) are 6 ADOPTED in full. 7 2. Plaintiff's third amended complaint (Doc. 20) is DISMISSED without leave to 8 amend. 9 3. The action is DISMISSED with prejudice for failure to state a claim. 10 4. The Clerk of Court shall close this case. 11 b IT IS SO ORDERED. 13 | Dated: _July 31, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28