(PC) Smith v. County of Alameda Judges, No. 2:2021cv00024 - Document 5 (E.D. Cal. 2021)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 7/23/2021 ADOPTING 4 Findings and Recommendations in full, DISMISSING this action without prejudice for lack of prosecution and failure to comply with court rules and orders. CASE CLOSED. (Coll, A)
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(PC) Smith v. County of Alameda Judges Doc. 5 Case 2:21-cv-00024-KJM-DMC Document 5 Filed 07/23/21 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY XAVIER SMITH, 12 Plaintiff, 13 14 15 No. 2:21-CV-0024-KJM-DMC-P v. ORDER COUNTY OF ALAMEDA JUDGES, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 18 19 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 20 Eastern District of California local rules. On May 27, 2021, the Magistrate Judge filed findings and recommendations, 21 22 which were served on the parties and which contained notice that the parties may file objections 23 within the time specified therein. No objections to the findings and recommendations have been 24 filed. 25 The court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 28 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 1 Dockets.Justia.com Case 2:21-cv-00024-KJM-DMC Document 5 Filed 07/23/21 Page 2 of 2 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 May 27, 2021, are adopted in full; 5 2. This action is dismissed without prejudice for lack of prosecution and 6 failure to comply with court rules and orders; and 7 8 3. DATED: The Clerk of the Court is directed to enter judgment and close this file. July 23, 2021. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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