1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHELTON BENOITE , No. 1:25-cv-00959-KES-SAB (PC) 12 Plaintiff, ORDER ADOPTNG FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION 14 J. DOERER, et al., Doc. 9

15 Defendants. 16 17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to Bivens 18 v. Six Unknown Federal Narcotics Agents,

(1971). This matter was referred to a 19 United States magistrate judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On September 8, 2025, the assigned magistrate judge screened the complaint and found 21 that it failed to state a cognizable claim. Doc. 6. Plaintiff was granted leave to file a first 22 amended complaint within thirty days.

. On October 20, 2025, following plaintiff’s 23 failure to file an amended complaint or otherwise communicate with the Court, the magistrate 24 judge ordered plaintiff to show cause why the action should not be dismissed. Doc. 7. After 25 plaintiff failed to respond to the order to show cause, the magistrate judge issued findings and 26 recommendations to dismiss the action for failure to state a cognizable claim. Doc. 9. The 27 findings and recommendations were served on plaintiff and contained notice that any objections 28 thereto were to be filed within fourteen days after service.

. Plaintiff has not filed 1 | objections to the findings and recommendations and the time to do so has passed. 2 In accordance with

(b)(1), this Court has conducted a de novo review of 3 | this case. After carefully reviewing the file, the Court finds the findings and recommendations to 4 | be supported by the record and proper analysis. 5 Accordingly: 6 1. The findings and recommendations issued on November 13, 2025, Doc. 9, are adopted in 7 full; 8 2. This action is dismissed due to plaintiffs failure to state a claim; and 9 3. The Clerk of the Court is directed to close this case. 10 11 12 | TIS SO ORDERED. _ 13 Dated: _ December 28, 2025 4h 4 UNITED STATES DISTRICT JUDGE

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