(PC) Dawson v. United States Government ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH DEAN DAWSON, No. 2:18-cv-0354 MCE CKD P 12 Plaintiff, 13 v. ORDER 14 UNITED STATES GOVERNMENT, et al., 15 Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 28, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. ECF No. 97. Neither 24 party has filed objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 28 /// MADE 6 LOY VEIT IVINS RN INEZ VO FOO ANI ie OY ee 1 Having reviewed the file, the Court finds the findings and recommendations to be 2 || 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 August 28, 2020 (ECF No. 97), are 5 | ADOPTED in full; 6 2. Defendant Daley’s motion for summary judgment (ECF No. 85) is GRANTED; 7 3. All remaining claims are DISMISSED for failure to exhaust available administrative 8 || remedies; and 9 4. The Clerk of the Court is directed to close the case. 10 IT IS SO ORDERED. 11 12 || Dated: October 6, 2020 tes LES, rl AS SENIOR UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28