(PC) Vasques v. Melikien ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL VASQUES, No. 2:20-cv-01190-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 KENNETH MELIKIAN, et al., 15 Defendants. 16 17 Plaintiff Daniel Vasques (“Plaintiff”), a state prisoner proceeding pro se, has filed this 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 11, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one (21) days. (ECF No. 8.) The 23 time for filing objections has expired, and Plaintiff has not filed objections to the findings and 24 recommendations. 25 Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 26 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). 1 The Court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the findings and recommendations in full. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed September 11, 2020 (ECF No. 8), are 5 adopted in full; 6 2. This action is DISMISSED without prejudice; and 7 3. The Clerk of the Court is directed to close this case. 8 IT IS SO ORDERED. 9 DATED: November 2, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28