(PC) Cook v. Secretary of CDCR et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMES COOK, JR.,
Plaintiff,
v.
SECRETARY OF CDCR, et al.,
Defendants.
Case No. 1:26-cv-05755-KES-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION
Plaintiff James Cook, Jr., who is proceeding pro se and in forma pauperis, commenced
this action on July 23, 2026. Doc. 1. On August 27, 2026, the assigned magistrate judge issued
findings and recommendations recommending this action be dismissed for failure to state a
cognizable claim for relief. Doc. 11. The findings and recommendations gave Plaintiff fourteen
days to file any objections. Id. On September 18, 2026, Plaintiff filed objections.
Plaintiff’s claim is based on his assertion that defendants negligently wired an electrical
outlet plug in a cell, thereby causing him injury. While plaintiff argues in his objections that
defendants deliberately installed the outlet plug, neither his first amended complaint nor his
objections allege facts that would support a finding that a defendant knew of the defective wiring
of the outlet plug and knowingly disregarded an excessive risk to plaintiff’s safety.
In accordance with 28 U.S.C. § 636(b)(1), this court reviewed this matter de novo.
Case 1:26-cv-05755-KES-SAB Document 13 Filed 10/13/26 Page 1 of 2

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Having carefully reviewed the file, the court finds the findings and recommendations to be
supported by the record and proper analysis.
Accordingly, the Court ORDERS:
1. The findings and recommendations (Doc. 11) filed August 27, 2026, are
ADOPTED in full.
2. This matter is DISMISSED for failure to state a cognizable claim.
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated: October 11, 2026
UNITED STATES DISTRICT JUDGE
Case 1:26-cv-05755-KES-SAB Document 13 Filed 10/13/26 Page 2 of 2