(PS) McCullough v. Levi ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PERRY ADRON MCCULLOUGH, No. 2:21-cv-00127-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 DAVID F. LEVI, et al., 15 Defendants. 16 17 On November 12, 2021, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. (ECF No. 12.) Plaintiff filed 20 objections, which this Court considered. (ECF No. 15.) 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 proposed Findings and Recommendations filed November 12, 2021, are adopted; 3 2. Defendants’ motion to dismiss, (ECF No. 6), is GRANTED; 4 3. This case is dismissed with prejudice; and 5 4. The Clerk of Court is directed to close the case. 6 7 | DATED: February 14, 2022 3 /) 9 “ vn / ecku 10 Troy L. Nunley ] ll United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28