(PC) Barth v. Crume ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWN DAMON BARTH, No. 2:19-cv-00723-TLN-AC 12 Plaintiff, 13 v. ORDER 14 Z. CRUME, et al., 15 Defendants. 16 17 Plaintiff Shawn Damon Barth (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 this 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 December 15, 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. 23.) Plaintiff has 23 filed objections to the findings and recommendations. (ECF No. 26.) 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 December 15, 2020 (ECF No. 23), are 5 ADOPTED IN FULL; 6 2. The first amended complaint is DISMISSED for failure to state a claim as outlined in 7 the March 31, 2020 screening order (ECF No. 10). See E.D. Cal. L.R. 110; Fed. R. Civ. P. 41(b). 8 IT IS SO ORDERED. 9 DATED: January 14, 2021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28