(PC) Frost v. Watson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FROST, No. 2:18-cv-03002-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 J. WATSON, et al., 15 Defendants. 16 17 Plaintiff Michael Frost (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 6, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 31.) Neither 23 party has filed objections to the findings and recommendations. 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). 27 /// 28 /// 1 Having reviewed the file, the Court finds the findings and recommendations to be 2 || 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 January 6, 2021 (ECF No. 31), are 5 | ADOPTED IN FULL; 6 2. Defendants’ motion for summary judgment (ECF No. 27) is GRANTED; 7 3. Plaintiff's remaining claims are DISMISSED without prejudice for failure to exhaust 8 | available administrative remedies prior to bringing this action; and 9 4. The Clerk of the Court is directed to close the case. 10 IT IS SO ORDERED. 11 | Dated: February 15, 2021 12 /) 4.0 bel, 14 2 ON \ 4 Troy L. Nunley> } 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28