(PS) Galles v. County of Butte ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ELEANA GALLES, aka Eleana Mishelle No. 2:18-CV-0298-TLN-DMC Carbajal, 12 Plaintiff, 13 ORDER v. 14 COUNTY OF BUTTE, et al., 15 Defendants. 16 17 18 Plaintiff Eleana Galles (aka Eleana Mishelle Carbajal) (“Plaintiff”), who is proceeding pro 19 se, brings this civil action. The matter was referred to a United States Magistrate Judge pursuant 20 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 3, 2020, the Magistrate Judge filed findings and recommendations herein 22 which were served on the parties and which contained notice that the parties may file objections 23 within the time specified therein. (ECF No. 34.) No objections to the findings and 24 recommendations have been filed. 25 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 28 1983); see also 28 U.S.C. § 636(b)(1). 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 September 3, 2020 (ECF No. 34), are 5 adopted in full; 6 2. This action is DISMISSED for lack of prosecution and failure to comply with this 7 Court’s rules and orders; 8 3. Defendants’ Motion to Dismiss (ECF No. 28) is DENIED as MOOT; and 9 4. The Clerk of the Court is directed to enter judgment and close this file. 10 IT IS SO ORDERED. 11 DATED: October 6, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28