(PS) Conerly v. Winn ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARINA CONERLY, No. 2:21-cv-01076-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 JOHN PATRICK WINN, et al., 15 Defendants. 16 17 On January 3, 2022, the magistrate judge filed findings and recommendations herein 18 which were served on Plaintiff and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. (ECF No. 4.) Plaintiff filed objections 20 on January 13, 2022, which this Court considered. (ECF No. 5.) 21 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 22 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 23 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 24 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 25 Having reviewed the file, the Court finds the findings and recommendations to be supported by 26 the record and by the proper analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The proposed Findings and Recommendations filed January 3, 2022, are adopted; 1 2. Plaintiffs case is dismissed with prejudice as frivolous; and 2 3. The Clerk of Court is directed to close this case. 3 4 | DATED: January 31, 2022 5 f /) 6 “ ! the 7 Troy L. Nuhlep ] 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28