Santoro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANTHONY J. SMITH, Case No. 1:21-cv-01329-JLT-SAB (PC)

Plaintiff, ORDER DISMISSING ACTION FOR

FAILURE TO STATE A COGNIZABLE

v. CLAIM FOR RELIEF, AND DIRECTING

CLERK OF COURT TO CLOSE THE

K. SANTORO, et al., ACTION

Defendants. (Doc. 30)

16 The assigned magistrate judge screened the First Amended Complaint and found Plaintiff failed to state a cognizable claim. (Doc. 30.) In addition, the Court determined that further leave to amend would be futile given Plaintiff’s failure to cure the deficiencies previously identified to him. (Id.) The Court served the Findings and Recommendations on Plaintiff. It contained notice that any objections were to be filed within 14 days after service. (Id. at 9.) The Court advised Plaintiff that “failure to file objections within the specified time may result in the waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id. quoting…