(PC) Smith v. Parole Board ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHNOY X. SMITH, No. 2:19-cv-02454-TLN-DB 12 Plaintiff, 13 v. ORDER 14 PAROLE BOARD, et al., 15 Defendants. 16 17 Plaintiff Anthony Smith (“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 24, 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 fourteen days. (ECF No. 24.) On October 23 8, 2020, Plaintiff filed Objections to the Findings and Recommendations. (ECF No. 25.) 24 The Court reviews de novo those portions of the proposed findings of fact to which 25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 27 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed 28 findings of fact to which no objection has been made, the Court assumes its correctness and 1 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 2 Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 3 Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 Having carefully reviewed the entire file under the applicable legal standards, the Court 5 finds the Findings and Recommendations to be supported by the record and by the magistrate 6 judge’s analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations filed September 24, 2020 (ECF No. 24), are 9 adopted in full; 10 2. This action is DISMISSED pursuant to Local Rule 110 and Federal Rule of Civil 11 Procedure 41(b); and 12 3. The Clerk of the Court is directed to close this case. 13 IT IS SO ORDERED. 14 DATED: December 7, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28