(PS) Garcia v. Lopez ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN THUNDAR GARCIA, No. 2:20–CV–249 KJM KJN (PS) 12 Plaintiff, ORDER 13 v. (ECF Nos. 1, 2, 3) 14 OSWALDO LOPEZ, 15 Defendant. 16 17 On February 20, 2020, the magistrate judge filed findings and recommendations (ECF 18 No. 3), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 22 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 ///// 28 ///// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 3) are ADOPTED IN FULL; 3 2. Plaintiff’s Complaint (ECF No. 1) is DISMISSED WITH PREJUDICE; 4 3. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED AS MOOT; 5 and 6 4. The Clerk of Court is directed to CLOSE this case. 7 DATED: March 13, 2020. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28