(PC) Caetano v. Board of State and Community Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NATHANIEL DWAYNE CAETANO, Case No.: 1:22-cv-00687-JLT-SKO (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS THIS

v. ACTION FOR FAILURE TO STATE A

COGNIZABLE CLAIM FOR RELIEF

BOARD OF STATE AND COMMUNITY CORRECTIONS, et al., (Doc. 15) 15 Defendants.

17 Nathaniel Dwayne Caetano seeks to hold the defendants liable for civil rights violations pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to state claims upon which relief could be granted. (Doc. 15.) Therefore, the magistrate judge recommended the first amended complaint be dismissed without leave to amend for its failure to state a cognizable claim. (Id. at 23.) In addition, the Court advised Plaintiff that the “failure to file objections within the specified time may result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To 25 …