(PC) Gibbs v. California Forensic Medical Group et al, No. 2:2018cv02707 - Document 12 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 11/13/19 ADOPTING 11 Findings and Recommendations in full; This Action is DISMISSED without prejudice. CASE CLOSED. (Mena-Sanchez, L)

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(PC) Gibbs v. California Forensic Medical Group et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. GIBBS, 12 13 14 15 16 No. 2:18-cv-2707 KJM DB P Plaintiff, v. ORDER CALIFORNIA FORENSIC MEDICAL GROUP, et al., Defendants. 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 as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 3, 2019, 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 fourteen days. Plaintiff has not filed objections to the 23 findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 27 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 28 1 Dockets.Justia.com 1 court . . . .”). 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 3, 2019, are adopted in full; 5 2. This action is dismissed without prejudice; and 6 3. The clerk of court is directed to close this case. 7 DATED: November 13, 2019. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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