(PC) Johnson v. Unknown, No. 2:2022cv01362 - Document 17 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 02/07/2023 ADOPTING 16 Findings and Recommendations in full. This action is DISMISSED without prejudice. CASE CLOSED. (Rodriguez, E)

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(PC) Johnson v. Unknown Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN B. JOHNSON, 12 13 14 15 No. 2:22-cv-01362-TLN-CKD Plaintiff, ORDER v. UNKNOWN, Defendant. 16 17 Plaintiff, a former county inmate proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 1, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 16.) Plaintiff has 23 not filed objections to the 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 reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed December 1, 2022, (ECF No. 16), are 3 adopted in full; and 4 2. This action is DISMISSED without prejudice. See Local Rule 110; Fed. R. Civ. P. 5 41(b). 6 DATED: February 7, 2023 7 8 Troy L. Nunley United States District 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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