(PS) Sanchez v. Tubbs ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MOYECUZOMA P. SANCHEZ, No. 2:19-cv-00326-JAM-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 MICHAEL TUBBS, 15 Defendan. 16 17 On December 10, 2021, the magistrate judge filed findings and recommendations herein 18 which were served on plaintiff and which contained notice to plaintiff that any objections to the 19 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 20 objections to the findings and recommendations. 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 ///// 28 ///// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 10, 2021, are adopted in full; 3 2. The case is dismissed without prejudice for plaintiff’s failures to prosecute and to 4 comply with court orders; and 5 3. The Clerk of Court is directed to close this case. 6 7 DATED: February 8, 2022 /s/ John A. Mendez 8 THE HONORABLE JOHN A. MENDEZ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28