(PC)Hill v. Allison et al, No. 2:2021cv01798 - Document 8 (E.D. Cal. 2022)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 05/23/22 ADOPTING 6 Findings and Recommendations in full. This action is dismissed without prejudice. CASE CLOSED(Licea Chavez, V)

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(PC)Hill v. Allison et al Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, 12 13 No. 2:21-cv-1798 KJM KJN P Plaintiff, v. ORDER 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, 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 January 19, 2022 the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. ECF No. 6. On January 27, 2022, 23 plaintiff filed a document entered on the docket as objections to the findings and 24 recommendations. ECF No. 7. Plaintiff raises no substantive objections to the findings and 25 recommendations; rather, he writes, “I do not accept this offer to contract and do not consent to 26 these proceedings,” and attaches a copy of the findings and recommendations. 27 28 The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 1 Dockets.Justia.com 1 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 2 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 3 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 4 supported by the record and by the proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed January 19, 2022 are adopted in full; 7 2. This action is dismissed without prejudice; and 8 3. This clerk of court is directed to close this case. 9 DATED: May 23, 2022. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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