Case Information
*1 Case 2:23-cv-00503-KJM-KJN Document 20 Filed 02/05/24 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MELVIN A. PARKER, No. 2:23-cv-00503 KJM KJN P Plaintiff,
v. ORDER
JEFF LYNCH, et al.,
Defendants.
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 29, 2023, the magistrate judge filed findings and recommendations, which were served on plaintiff, and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct . See Orand v. United States , 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court /////
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*2 Case 2:23-cv-00503-KJM-KJN Document 20 Filed 02/05/24 Page 2 of 2 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed December 29, 2023 (ECF No. 19), are adopted in full; and
2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
DATED: February 5, 2024.
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