(PC) Steward v. Newman et al, No. 2:2020cv02069 - Document 16 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/17/2020 ADOPTING the Findings and Recommendations filed 11/6/2020 (ECF No. 8 ) in full;DISMISSING this action without leave to amend for failure to state a claim, see 28 U.S.C. § 1915A(b)(1), (2); DESIGNATING the dismissal of this action a "strike" under the "three strikes" rule set forth in 28 U.S.C. § 1915(g); and DIRECTING the Clerk to close this case. CASE CLOSED(Becknal, R)

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(PC) Steward v. Newman et al Doc. 16 Case 2:20-cv-02069-TLN-AC Document 16 Filed 12/18/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONNY STEWARD, 12 Plaintiff, 13 14 No. 2:20-cv-02069-TLN-AC ORDER v. KENDALL J. NEWMAN, et al., 15 Defendants. 16 17 Plaintiff Donny Steward (“Plaintiff”), a state prisoner proceeding pro se, has filed this 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 6, 2020, the magistrate judge filed findings and recommendations herein 20 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one (21). (ECF No. 8.) Plaintiff 23 has not filed any objections to the findings and recommendations. 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 /// 1 Dockets.Justia.com Case 2:20-cv-02069-TLN-AC Document 16 Filed 12/18/20 Page 2 of 2 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 5 6 7 8 9 1. The Findings and Recommendations filed November 6, 2020 (ECF No. 8), are adopted in full; 2. This action is DISMISSED without leave to amend for failure to state a claim, see 28 U.S.C. § 1915A(b)(1), (2); 3. The dismissal of this action is designated a “strike” under the “three strikes” rule set forth in 28 U.S.C. § 1915(g); and 10 4. The Clerk of the Court is directed to close this case. 11 IT IS SO ORDERED. 12 DATED: December 17, 2020 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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