(PC) Overton v. Warden ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL L. OVERTON, No. 2:18-cv-2823 KJM DB P 12 Plaintiff, 13 v. ORDER 14 WARDEN, CALIFORNIA HEALTH CARE FACILITY (C.H.C.F.) et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 7, 2019, the magistrate judge issued findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 4). Plaintiff has not filed 23 objections to the findings and recommendations.1 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 27 1 The court notes plaintiff has filed a document styled as a “Notice re Mandate for Emergency Release,” ECF No. 5, but this document does not contain objections to the findings and 28 recommendations. 1 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 2 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 3 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 4 supported by the record and by the proper analysis 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations issued January 7, 2019 (ECF No. 4) are 7 ADOPTED in full; and 8 2. This action is DISMISSED for failure to obey a court order. See Fed. R. Civ. P. 41(b); 9 and 10 3. The clerk of court is directed to close this case. 11 DATED: April 23, 2020. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28