(PC) Johnson v. Sylvan ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED NORMAN JOHNSON, III, No. 2:18-cv-01929-TLN-EFB 12 Plaintiff, 13 v. ORDER 14 SYLVAN, et al., 15 Defendants. 16 17 Plaintiff Alfred Norman Johnson, III (“Plaintiff”), a state prisoner proceeding pro se, has 18 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 20, 2020, the magistrate judge filed findings and recommendations which were 21 served on Plaintiff and which contained notice to Plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. (ECF No. 13.) Plaintiff has not 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 20, 2020 (ECF No. 13), are adopted 5 in full; and 6 2. Plaintiff’s Eighth Amendment excessive force claim against Defendant Sylvan is 7 DISMISSED without prejudice. 8 IT IS SO ORDERED. 9 DATED: 04/27/20 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28