(PC) Duque v. Millis ( 2021 )

1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 JASON ALLEN DUQUE, No. 2:20-CV-2121-KJM-DMC-P 13 Plaintiff, 14 v. ORDER 15 MILLIS, et al., 16 Defendants. 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 19 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 20 District of California local rules. 21 On September 29, 2021, the Magistrate Judge filed findings and recommendations 22 herein which were served on the parties and which contained notice that the parties may file 23 objections within the time specified therein. No objections to the findings and recommendations 24 have been filed. 25 The court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 28 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 1 court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 29, 2021, are adopted 5 in full; 6 2. This action is dismissed without prejudice for lack of prosecution and 7 failure to comply with court rules and orders; and 8 3. The Clerk of the Court is directed to enter judgment and close this file. 9 DATED: December 16, 2021. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28