(PC) Muhammad v. Barber ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KWESI MUHAMMAD, No. 2:19-cv-02592-TLN-EFB 12 Plaintiff, 13 v. ORDER 14 CHRISTINE BARBER, 15 Defendant. 16 17 Plaintiff Kwesi Muhammad (“Plaintiff”), a state prisoner proceeding pro se, originally 18 filed this action in the Superior Court of California, County of San Joaquin, and Defendant 19 Christine Barber (“Defendant”) removed it to this Court on December 23, 2019. (ECF No. 1.) 20 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 21 and Local Rule 302. 22 On September 22, 2020, the magistrate judge filed findings and recommendations herein 23 which were served on all parties and which contained notice to all parties that any objections to 24 the findings and recommendations were to be filed within fourteen days. (ECF No. 18.) Plaintiff 25 has filed objections to the findings and recommendations. (ECF No. 19.) 26 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 1 U.S.C. § 636(b)(1). 2 The Court has reviewed the file and finds the findings and recommendations to be 3 supported by the record and by the magistrate judge’s analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed September 22, 2020 (ECF No. 18), are 6 ADOPTED IN FULL; 7 2. Plaintiff’s second amended complaint (ECF No. 17) is DISMISSED for failure to state 8 a cognizable claim; and 9 3. The Clerk is directed to close the case. 10 IT IS SO ORDERED. 11 DATED: October 26, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28