(PC) Huckabee v. Moseley, No. 2:2021cv02223 - Document 12 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge John A. Mendez on 6/6/22 ADOPTING in full 11 Findings and Recommendations and DISMISSING without leave to amend for failure to state a cognizable civilrights claim. CASE CLOSED (Kastilahn, A)

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(PC) Huckabee v. Moseley Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY HUCKABEE, 12 13 14 15 No. 2:21-cv-2223 JAM KJN P Plaintiff, v. ORDER HOWARD E. MOSELEY, et al., 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 12, 2022, the magistrate judge filed findings and recommendations herein 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. Plaintiff did not file objections to the 23 findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 12, 2022, are adopted in full; and 3 2. This action is dismissed without leave to amend for failure to state a cognizable civil 4 rights claim. 5 6 7 8 Dated: June 6, 2022 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 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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