(PC) Wilbanks v. Tappen et al, No. 2:2021cv00026 - Document 38 (E.D. Cal. 2022)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 37 Findings and Recommendations in full, DISMISSING Plaintiff's putative claims against Dr. Yee without prejudice, and REFERRING this matter back to the assigned magistrate judge for all further pretrial proceedings. (Huang, H)

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(PC) Wilbanks v. Tappen et al Doc. 38 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN WILBANKS, 12 Plaintiff, 13 14 v. No. 2:21-cv-0026 KJM KJN P ORDER T. TAPPEN, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 17 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. On March 10, 2022, the magistrate judge filed findings and recommendations, which were 20 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 did not file objections to the 23 findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United States, 24 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 Dockets.Justia.com 1 . . . .”). 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 March 10, 2022, are adopted in full; 5 2. Plaintiff’s putative claims against Dr. Yee are dismissed without prejudice; and 6 3. This matter is referred back to the assigned magistrate judge for all further pretrial 7 proceedings. 8 DATED: May 23, 2022. 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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