(PS) Harvey v. Nevada ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL THOMAS HARVEY, No. 2:19-cv-01123-TLN-CKD 12 Plaintiff, ORDER 13 v. 14 STATE OF NEVADA, et al., 15 Defendants. 16 17 18 Plaintiff Daniel Thomas Harvey (“Plaintiff”) is proceeding in this action pro se and in 19 forma pauperis. The matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 10, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on the parties and which contained notice that any objections to the findings 23 and recommendations were to be filed within fourteen days. (ECF No. 72.) No objections have 24 been filed. 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 / / / 1 The Court has carefully reviewed the entire file and finds the findings and 2 recommendations to be 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 November 10, 2020 (ECF No. 72), are 5 ADOPTED IN FULL; 6 2. Plaintiff’s Original Complaint (ECF No. 1) is DISMISSED without prejudice; and 7 3. The Clerk of Court is directed to close this case. 8 IT IS SO ORDERED. 9 DATED: December 17, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28