(PC) Dawson v. United States Government ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH DEAN DAWSON, No. 2:18-cv-0354 MCE CKD P 12 Plaintiff, 13 v. ORDER 14 UNITED STATES GOVERNMENT, et al., 15 Defendants. 16 17 Plaintiff, a California prisoner proceeding pro se, has filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 8, 2019, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 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 27 reviewed the file, the Court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The May 8, 2019 findings and recommendations (ECF No. 54) are ADOPTED in full; 3 | and 4 2. All claims and defendants other than claims for excessive force arising under the 5 | Eighth Amendment and retaliation arising under the First Amendment against Correctional 6 | Officer M. Daily, as detailed by plaintiff on pages 3-5 of plaintiff's second amended complaint, 7 | are dismissed. 8 3. This action shall proceed on those remaining claims. 9 IT IS SO ORDERED. 10 | Dated: August 20, 2019 1] LAA J KC 2 UNITED STATES DISTRICT TOS0e 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28