(PC)Bell v. Martel et al, No. 2:2017cv00063 - Document 26 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 4/25/2018 FINDINGS AND RECOMMENDATIONS 22 are ADOPTED in FULL; the claims against defendants Michael Martel, John Sanzberro and C. Shirley, as well as the retaliation claim against defendant Copeland are DISMISSED without leave to amend for failing to state a claim upon which relief can be granted.(Reader, L)
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(PC)Bell v. Martel et al Doc. 26 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL XAVIER BELL, 12 13 14 15 No. 2:17-cv-00063 MCE CKD P Plaintiff, v. ORDER MICHAEL MARTEL, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 13, 2018, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 22. Plaintiff has 23 not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the Court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 13, 2018, ECF No. 22, are ADOPTED 3 4 IN FULL; and 2. The claims against defendants Michael Martel, John Sanzberro, and C. Shirley, as well 5 as the retaliation claim against defendant Copeland are DISMISSED without leave to amend for 6 failing to state a claim upon which relief can be granted. 7 8 IT IS SO ORDERED. Dated: April 25, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2