David D. Harris v. United States of America

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations after the plaintiff filed no objections. The court dismissed the second amended complaint without leave to amend for failure to state a claim, denied the plaintiff’s motion for judgment as moot, and directed the clerk to close the case.

Holdings

1. The district court presumed the magistrate judge's findings of fact correct and reviewed the magistrate judge's conclusions of law de novo.
2. The findings and recommendations filed January 9, 2023, were adopted in full.
3. The second amended complaint was dismissed without leave to amend for failure to state a claim.
4. Plaintiff's motion for judgment was denied as moot.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations when plaintiff filed no objections.
2. Whether the second amended complaint should be dismissed without leave to amend for failure to state a claim.
3. Whether plaintiff's motion for judgment should be denied as moot following dismissal of the action.

Disposition

dismissed