(PC)Muller v. United States of America ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MONTY MULLER, No. 2:20-cv-02332-TLN-DB 12 Plaintiff, 13 v. ORDER 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 Plaintiff Monty Muller (“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 February 8, 2021, 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 thirty days. (ECF No. 4.) Plaintiff has not 23 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 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed February 8, 2021 (ECF No. 4), are 3 | ADOPTED IN FULL; and 4 2. This action is DISMISSED without prejudice. 5 ITIS SO ORDERED. 6 | DATED: April 13, 2021 7 /) 8 “ bn 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28