Henderson v. Huupe

United States District Court for the Eastern District of California

Henderson v. Huupe

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LUKAS HENDERSON, No. 1:24-cv-00046-KES-BAM 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION WITH PREJUDICE 14 HUUPE, Doc. 8 15 Defendant. 16 17 Plaintiff Lukas Henderson proceeds pro se and in forma pauperis in this civil action. This 18 matter was referred to a United States magistrate judge pursuant to

28 U.S.C. § 636

(b)(1)(B) and 19 Local Rule 302. 20 On July 7, 2025, the assigned magistrate judge screened plaintiff’s first amended 21 complaint and recommended that this action be dismissed with prejudice for failure to comply 22 with Federal Rule of Civil Procedure 8 and failure to state a cognizable claim upon which relief 23 may be granted. Doc. 8. The findings and recommendations were served on plaintiff and 24 contained notice that any objections to the findings and recommendations were to be filed within 25 fourteen (14) days of service.

Id. at 5

. No objections have been filed, and the time in which to do 26 so has passed. 27 In accordance with

28 U.S.C. § 636

(b)(1), the Court has conducted a de novo review of 28 this case. Having carefully reviewed the file, the Court concludes that the findings and 1 || recommendations are supported by the record and proper analysis, except that the dismissal is 2 | without prejudice. See Foss v. Marvic, Inc.,

103 F.4th 887

, 891—92 (1st Cir. 2024) (dismissal for 3 | failure to register copyright is not on the merits). 4 Accordingly, 5 1. The findings and recommendations issued on July 7, 2025, Doc. 8, are adopted in 6 full; 7 2. This action is dismissed without prejudice; and 8 3. The Clerk of the Court is directed to enter judgment and close the case. 9 10 11 | TPIS SO ORDERED. _ 12 Dated: _ August 7, 2025 4h 3 UNITED STATES DISTRICT JUDGE

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown