(PC) Whitely v. Lebeck et al, No. 2:2017cv02107 - Document 23 (E.D. Cal. 2020)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/20 ADOPTING 22 Findings and Recommendations. Plaintiff's first amended complaint 20 is dismissed without leave to amend for failure to state a claim. The Clerk of Court close this case. (Kaminski, H)
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(PC) Whitely v. Lebeck et al Doc. 23 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EVERTON WHITELY, 12 Plaintiff, 13 14 No. 2:17-cv-2107 KJM AC v. ORDER J. LEBECK, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 30, 2020, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within twenty-one days. ECF No. 22. Plaintiff has not filed 23 objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United States, 24 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 Dockets.Justia.com 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 30, 2020, are adopted in full; 5 2. Plaintiff’s first amended complaint (ECF No. 20) is dismissed without leave to amend 6 7 8 for failure to state a claim. 3. The Clerk of Court close this case. DATED: October 15, 2020. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2