(PC) Phea v. Jacobo ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MALANJE PHEA, No. 2:20-cv-01081-TLN-AC 12 Plaintiff, 13 v. ORDER 14 JASON JACOBO, et al., 15 Defendants. 16 17 Plaintiff Malanje Phea (“Plaintiff”), a state prisoner proceeding pro se and in forma 18 pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On June 17, 2021, the magistrate judge issued findings and recommendations herein 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 9.) Plaintiff has 24 not filed timely 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 issued June 17, 2021 (ECF No. 9), are 5 | ADOPTED IN FULL; 6 2. The Complaint is DISMISSED without leave to amend for failure to state a claim upon 7 | which relief may be granted, see 28 U.S.C. § 1915A; and 8 3. The Clerk of the Court is directed to close this case. 9 IT IS SO ORDERED. 10 | DATED: July 30, 2021 ll () jf b “A } 1 — uy 13 Troy L. Nunley» 4 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28