(PC) Leon v. Weiss et al, No. 2:2022cv02170 - Document 28 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/20/23 ADOPTING 27 Findings and Recommendations in full, DISMISSING 26 First Amended Complaint without leave to amend and DISMISSING case. CASE CLOSED (Benson, A.)

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(PC) Leon v. Weiss et al Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CRAIG LEON, 12 13 14 15 No. 2:22-cv-2170-TLN-KJN Plaintiff, ORDER v. RICHARD WEISS, 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 November 02, 2023, the magistrate judge filed findings and recommendations herein 21 which were served on all parties, and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party 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 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 2 3 4 5 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 02, 2023 (ECF No. 27) are ADOPTED IN FULL; 2. The Court DISMISSES Plaintiff’s First Amended Complaint (ECF No. 26) without leave to amend; 6 3. Thus, this action is DISMISSED; and 7 4. The Clerk of Court is directed to close this case. 8 Date: December 20, 2023 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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