(PC) Driver v. USDC for Eastern District of California ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY DRIVER, JR., No. 2:20-CV-1158-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 U.S. DISTRICT COURT, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 19 Eastern District of California local rules. 20 On December 22, 2020, the Magistrate Judge filed findings and recommendations 21 recommending that this action be dismissed without prejudice for lack of prosecution and failure 22 to comply with court rules and orders. ECF No. 19. The findings and recommendations were 23 served on the Plaintiff, which contained notice that the parties may file objections within the time 24 specified therein. Plaintiff has not filed objections. 25 The court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 28 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 1 | court....”). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed December 22, 2020, are adopted 5 | in full; 6 2. This action is dismissed without prejudice; and 7 3. The Clerk of the Court is directed to enter judgment and close the case file. 8 | DATED: March 15, 2021. 9 10 ( ti / ¢ q_/ "1 CHIEF NT] ED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28