(PC) Steward v. Mohmond ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONNY STEWARD, No. 2:20-cv-01892-TLN-AC 12 Plaintiff, 13 v. ORDER 14 ASEIL MOHMOUD, et al., 15 Defendants. 16 17 Plaintiff Donny Steward (“Plaintiff”), a state prisoner proceeding pro se, has filed this 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 15, 2021, the magistrate judge issued findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. (ECF No. 10.) Plaintiff 23 has not filed 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). 27 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations issued April 15, 2021 (ECF No. 10), are 3 | ADOPTED IN FULL; 4 2. The Complaint is DISMISSED with prejudice for failure to state a claim upon which 5 | relief may be granted and for seeking monetary relief from defendants who are immune from 6 | such relief, see 28 U.S.C. § 1915A(b)(1)-(2); and 7 3. The dismissal of this action is designated a “strike” within the meaning of 28 U.S.C. 8 | § 1915¢g). 9 IT IS SO ORDERED. 10 | DATED: June 8, 2021 /) 12 \ | /] 4 Troy L. Nunley» . } United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28