(PS) Busto v. State of California ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHAD M. BUSTO, No. 2:19-cv-01342-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 STATE OF CALIFORNIA, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 30, 2019, the magistrate judge filed findings and recommendations, which 21 were served on the parties and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen (14) days. (ECF No. 4.) No objections were 23 filed. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983). Having reviewed the file, the Court finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed on August 30, 2019 (ECF No. 4), are 3 adopted in full; 4 2. The action is DISMISSED pursuant to Federal Rule of Civil Procedure 41(b); and 5 3. The Clerk of Court is directed to close this case. 6 IT IS SO ORDERED. 7 Dated: October 2, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28