(PC) Davis v. Miranda ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAMIEN LEE DAVIS, No. 2:18-cv-02894-WBS-CKD 12 Plaintiff, 13 v. ORDER 14 R. MIRANDA, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 17, 2020, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. MASE 6 LOU VE MEU MIT VRS NE MVOC LO PR ere PAY ee 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 17, 2020, are adopted in full; 3 2. Plaintiffs second amended complaint is dismissed without leave to amend for failure 4 | to state a claim upon which relief can be granted. 5 3. The Clerk of court is directed to close this case. 6 | Dated: May 27, 2020 7 eh blew a (ht. WILLIAM B. SHUBB 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 12/davi294.801.docx 17 18 19 20 21 22 23 24 25 26 27 28