(PS) Clemons v. McGlynn et al, No. 2:2018cv02463 - Document 6 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 5 Findings and Recommendations in full signed by District Judge Troy L. Nunley on 11/12/19 DISMISSING Complaint without leave to amend, for lack of subject matter jurisdiction. CASE CLOSED (Benson, A.)
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(PS) Clemons v. McGlynn et al Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL A. CLEMONS, 12 Plaintiff, 13 14 v. No. 2:18-cv-02463-TLN-EFB ORDER MATHEW C. MCGLYNN, et al., 15 Defendants. 16 17 Plaintiff Michael A. Clemons (“Plaintiff”), proceeding pro se and in forma pauperis, has 18 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 30, 2019, the magistrate judge filed findings and recommendations herein 20 21 which were served on Plaintiff and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days. (ECF No. 5.) No objections to the 23 Findings and Recommendations have been filed. Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 24 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// Dockets.Justia.com 1 2 Having reviewed the file under the applicable legal standards, the Court finds the Findings and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations, filed September 30, 2019 (ECF No. 5), are 5 adopted in full; 2. Plaintiff’s Complaint is dismissed, without leave to amend, for lack of subject matter 6 7 jurisdiction, 28 U.S.C. § 1915(e)(2); Silva v. Di Vittorio, 658 F.3d 1090, 1105 (9th Cir. 2011); 8 and 9 10 11 3. The Clerk is directed to close the case. IT IS SO ORDERED. Dated: November 12, 2019 12 13 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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