(PC) Barela v. Amador County Jail, No. 2:2022cv01732 - Document 9 (E.D. Cal. 2022)
Court Description: ORDER signed by Senior Judge William B. Shubb on 11/30/2022 ADOPTING 8 Findings and Recommendations in full. This action is DISMISSED without leave to amend for failure to state a cognizable claim. CASE CLOSED. (Perdue, C.)
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(PC) Barela v. Amador County Jail Doc. 9 Case 2:22-cv-01732-WBS-JDP Document 9 Filed 12/01/22 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 OSCAR BARELA, 12 13 14 15 No. 2:22-cv-01732-WBS-JDP (PC) Plaintiff, v. ORDER AMADOR COUNTY JAIL, Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has 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 October 20, 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. Plaintiff has not filed 23 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 Having reviewed the file, the court finds the findings and recommendations to be supported by 1 Dockets.Justia.com Case 2:22-cv-01732-WBS-JDP Document 9 Filed 12/01/22 Page 2 of 2 1 the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed October 20, 2022, are adopted in full; 4 2. This action is dismissed without leave to amend for failure to state a cognizable claim 5 6 7 upon which relief can be granted by this court; and 3. The Clerk of Court is directed to close this case. Dated: November 30, 2022 8 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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