(PC) Ruiz v. Reilly ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROGELIO MAY RUIZ, No. 2:20-cv-01212-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 A. REILLY, et al., 15 Defendants. 16 17 Plaintiff Rogelio May Ruiz (“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 October 27, 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. 15.) Plaintiff has 23 filed objections to the findings and recommendations. (ECF No. 18.) 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 27 U.S.C. § 636(b)(1). 28 / / / 1 Having carefully reviewed the entire file, the Court finds the findings and 2 recommendations to be supported by the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 27, 2020 (ECF No. 15), are 5 ADOPTED IN FULL; and 6 2. This action is DISMISSED without prejudice. 7 IT IS SO ORDERED. 8 DATED: December 7, 2020 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28