(PC) Proffitt v. Superior Court of Cal. Shasta County et al, No. 2:2019cv01435 - Document 21 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/12/2019 ADOPTING 13 Findings and Recommendations. This action is DISMISSED without prejudice. CASE CLOSED (Reader, L)

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(PC) Proffitt v. Superior Court of Cal. Shasta County et al Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY PROFFITT, 12 13 14 15 16 No. 2:19-cv-01435-TLN-KJN Plaintiff, v. ORDER SUPERIOR COURT OF CALIFORNIA, SHASTA COUNTY, et al., Defendants. 17 18 Plaintiff Jerry Proffitt, a state prisoner proceeding pro se, has filed this civil rights action 19 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 23, 2019, 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 (14) days. (ECF No. 13.) No 24 objections to the Findings and Recommendations have been filed. 25 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 28 1983); see also 28 U.S.C. § 636(b)(1). 1 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 August 23, 2019 (ECF No. 13), are adopted 5 6 7 8 9 in full; and 2. This action is DISMISSED without prejudice. Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A(b)(1). IT IS SO ORDERED. Dated: November 12, 2019 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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