(PC) Gardner v. Vallejo Police Department ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS LAMAR GARDNER, JR., No. 2:19-cv-01432-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 VALLEJO POLICE DEPARTMENT, et al., 15 Defendants. 16 17 18 Plaintiff Dennis Lamar Gardner, Jr. (“Plaintiff”), a prisoner proceeding pro se, brings this 19 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 4, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on the parties and which contained notice that the parties may file objections 23 within the time specified therein. (ECF No. 22.) No objections to the findings and 24 recommendations have been filed. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 28 U.S.C. § 636(b)(1). 1 Having carefully reviewed the entire file, the Court finds the findings and 2 recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 4, 2020 (ECF No. 22), are 5 ADOPTED 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 IT IS SO ORDERED. 10 DATED: October 21, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28