(PC) Bailey v. California Army National Guard, No. 2:2017cv01707 - Document 16 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge Troy L. Nunley on 4/26/2018 DISMISSING this action without prejudice for failure to prosecute. CASE CLOSED. (Fabillaran, J)
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(PC) Bailey v. California Army National Guard Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 STANLEY JEROME JACKSON BAILEY, Plaintiff, v. No. 2:17-cv-01707-TLN-CKD ORDER CALIFORNIA ARMY NATIONAL GUARD, Defendant. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 23, 2018, the magistrate judge filed findings and recommendations herein, 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 15.) Plaintiff has 24 not filed objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 reviewed the file, the Court finds the findings and recommendations to be supported by the record 1 Dockets.Justia.com 1 and by the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed March 23, 2018 (ECF No. 15), are adopted in 4 5 6 full; and 2. This action is dismissed without prejudice for failure to prosecute. See L.R. 110; Fed. R. Civ. P. 41(b). 7 8 Dated: April 26, 2018 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2