(PC) Lopez v. Aria ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILSON LOPEZ, No. 2:19-cv-01684-DMC 12 Plaintiff, 13 v. ORDER 14 ARIA, 15 Defendant. 16 17 Wilson Lopez (“Plaintiff”), a state prisoner proceeding pro se, brings this civil rights 18 action pursuant to 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 October 30, 2019, the Magistrate Judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice that Plaintiff may file objections 22 within the time specified therein. (ECF No. 7.) Plaintiff has not filed objections to the Findings 23 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); see also 28 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed on October 30, 2019 (ECF No. 7), are 5 adopted in full; and 6 2. Plaintiff’s action is DISMISSED without prejudice. 7 IT IS SO ORDERED 8 Dated: February 27, 2020 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28