(PC) Greer v. C.D.C.R. - Folsom State Prison et al, No. 2:2022cv00007 - Document 12 (E.D. Cal. 2023)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING 11 Findings and Recommendations in full. Plaintiff's amended complaint is DISMISSED for failure to state a claim. CASE CLOSED. (Perdue, C.)
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(PC) Greer v. C.D.C.R. - Folsom State Prison et al Doc. 12 Case 2:22-cv-00007-KJM-CKD Document 12 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE JOE GREER, 12 13 14 15 16 No. 2:22-cv-0007 KJM CKD P Plaintiff, v. ORDER C.D.C.R.-FOLSOM STATE PRISON, et al., Defendants. 17 18 Plaintiff, a California prisoner proceeding pro se, has filed this civil rights action seeking 19 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as 20 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 11, 2022, the magistrate judge filed findings and recommendations, which 22 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 23 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 24 the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 Dockets.Justia.com Case 2:22-cv-00007-KJM-CKD Document 12 Filed 01/17/23 Page 2 of 2 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 October 11, 2022 (ECF No. 11) are adopted 5 6 7 8 9 in full; 2. Plaintiff’s amended complaint is dismissed for failure to state a claim upon which relief can be granted; and 3. This case is closed. DATED: January 17, 2023. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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