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

> District Court, E.D. California · May 30, 2023

URL: https://www.frixlaw.com/law-library/cases/10052961

## Case

- **Court:** District Court, E.D. California
- **Decided:** May 30, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10052961

## Opinion text

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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 NATHANIEL DWAYNE CAETANO, Case No.: 1:22-cv-00687-JLT-SKO (PC)
12 Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS THIS
13 v. ACTION FOR FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF
14 BOARD OF STATE AND COMMUNITY
CORRECTIONS, et al., (Doc. 15)
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Defendants.
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18 Nathaniel Dwayne Caetano seeks to hold the defendants liable for civil rights violations
19 pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to state claims upon
20 which relief could be granted. (Doc. 15.) Therefore, the magistrate judge recommended the first
21 amended complaint be dismissed without leave to amend for its failure to state a cognizable
22 claim. (Id. at 23.) In addition, the Court advised Plaintiff that the “failure to file objections within
23 the specified time may result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler,
24 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To
25 date, no objections have been filed and the time to do so has expired.
26 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this
27 case. Having carefully reviewed the matter, the Court concludes the Findings and
1 | ORDERS:
2 1. The findings and recommendations issued on May 2, 2023 (Doc. 15) are ADOPTED
3 in full.
4 2. The first amended complaint is DISMISSED without leave to amend for a failure to
5 state a claim upon which relief can be granted.
6 3. The Clerk of the Court is directed to terminate all pending motions and to close this
7 case.
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9 IT IS SO ORDERED.
10 Dated: _ May 26, 2023 Cerin | Tower
TED STATES DISTRICT JUDGE
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10052961. Public record. Not legal advice.