(PC) Harra v. CDCR ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY HARRA, No. 2:19-cv-02233-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 CA. DEPT. OF CORRECTIONS & REHABILITATION, et al., 15 Defendants. 16 17 18 Plaintiff Johnny Harra (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil 19 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 30, 2021, the magistrate judge filed findings and recommendations herein which 22 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 23 and recommendations were to be filed within fourteen days. (ECF No. 42.) Plaintiff has not filed 24 objections to the findings and recommendations. 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 reviewed the file and 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 April 30, 2021 (ECF No. 42), are 5 | ADOPTED IN FULL; and 6 2. This action is DISMISSED without prejudice. See Local Rule 110; Fed. R. Civ. P. 7 | 41). 8 IT IS SO ORDERED. 9 | DATED: June 8, 2021 / ul \ | /] / “ / } Ain 12 — ZW Z Troy L. Nunley } 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28