(PC) Hoffmann v. Jones ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KASEY F. HOFFMANN, No. 2:15-cv-01525-TLN-AC 12 Plaintiff, 13 v. ORDER 14 KEVIN JONES, et al., 15 Defendants. 16 17 Kasey F. Hoffmann (“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 March 16, 2020, the magistrate judge filed findings and recommendations which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within ten days. (ECF No. 48.) Neither party has filed 23 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); 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 March 16, 2020 (ECF No. 48), are adopted 5 in full; 6 2. Defendants’ Motion for Sanctions (ECF No. 40) is GRANTED in part and DENIED 7 in part as follows: 8 a. GRANTED as to terminating sanctions, and 9 b. DENIED as to monetary sanctions. 10 3. This action is DISMISSED, with prejudice, for failure to comply with a court order. 11 See Fed. R. Civ. P. 37(b)(2)(A); Fed. R. Civ. P. 41(b); L.R. 110. 12 IT IS SO ORDERED. 13 DATED: April 15, 2020 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28