(PC) Simmons v. Alcantara ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMIAH SIMMONS, No. 2:19-cv-02492-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 PIA MANAGER ALCANTARA, 15 Defendant. 16 17 Plaintiff Jeremiah Simmons (“Plaintiff”), a state prisoner proceeding pro se, 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 May 4, 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 fourteen days. (ECF No. 26.) Plaintiff has not filed 23 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 May 4, 2021 (ECF No. 26), are ADOPTED 3 | IN FULL; and 4 2. Plaintiffs First and Fourteenth Amendment claims are DISMISSED without prejudice. 5 IT IS SO ORDERED. 6 | DATE: July 7, 2021 “ ! Vu 9 Troy L. Nuhlep> United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28