(PC) Dumont v. CDCR Health Care Tracy ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH E. DUMONT, No. 2:18-cv-00101-TLN-AC 12 Plaintiff, 13 v. ORDER 14 CDCR HEALTH CARE TRACY, et al., 15 Defendants. 16 17 Plaintiff Ralph E. Dumont (“Plaintiff”) is a former state prisoner proceeding pro se with a 18 civil rights action pursuant to 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 April 26, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 22 and recommendations were to be filed within twenty-one days. (ECF No. 22.) 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 April 26, 2021 (ECF No. 22), are 3 | ADOPTED IN FULL; and 4 2. The Complaint is DISMISSED for failure to state a claim for the reasons set forth in 5 | the January 19, 2021 Screening Order (ECF No. 17). 6 IT IS SO ORDERED. 7 | DATED: July 1, 2021 8 / 9 “ \/ of Lor 10 —aAK ZN Troy L. Nunley 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28