(PC) Smith v. CDCR ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TORIANO GERMAINE SMITH, No. 2:19-cv-02107-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 11, 2020, the magistrate judge filed findings and recommendations herein 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 twenty-one days. (ECF No. 13.) Plaintiff has not 23 filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 1 the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed June 11, 2020 (ECF No. 13), are ADOPTED 4 IN FULL; and 5 2. The first amended complaint (ECF No. 12) is DISMISSED without leave to amend for 6 failure to state a claim. 7 3. The Clerk of Court is directed to close the case. 8 DATED: July 21, 2020 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28