(PC) Melger v. County of Placer ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOSEPH MELGER, No. 2:18-cv-03045-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 COUNTY OF PLACER, et al., 15 Defendants. 16 17 Plaintiff Thomas Joseph Melger, a state prisoner proceeding pro se, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 10, 2019, 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 (14) days. (ECF No. 13.) 23 Plaintiff has not filed objections to the findings and recommendations. 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 September 10, 2019 (ECF No. 13), are 3 adopted in full; and 4 2. This action is DISMISSED without prejudice. Fed. R. Civ. P. 41(b); L.R. 110. 5 IT IS SO ORDERED. 6 Dated: October 29, 2019 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28