(PC) Zevallos v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL ZEVALLOS, No. 2:18-cv-01111-TLN-AC 12 Plaintiff, 13 v. ORDER 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 17 Plaintiff Angel Zevallos (“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 June 22, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 22 and recommendations were to be filed within twenty-one days. (ECF No. 16.) Plaintiff has filed 23 objections to the findings and recommendations, but they do not address the magistrate judge’s 24 finding that his Second Amended Complaint fails to state a claim upon which relief may be 25 granted. (ECF No. 17.) 26 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 The Court has reviewed the file and finds the findings and recommendations to be 2 || 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 June 22, 2021 CECF No. 16), are ADOPTED 5 | IN FULL; 6 2. The Second Amended Complaint is DISMISSED without leave to amend for failure to 7 | state a claim. 8 IT IS SO ORDERED. 9 | DATED: July 30, 2021 /) 10 “ □ thu 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28