(PC) Mitchell v. Wade ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY MITCHELL, No. 2:20-cv-00183-TLN-AC 12 Plaintiff, 13 v. ORDER 14 R.M. WADE, 15 Defendant. 16 17 Plaintiff Rodney Mitchell (“Plaintiff”), a state prisoner proceeding pro se and in forma 18 pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On July 20, 2021, the magistrate judge issued findings and recommendations herein which 22 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 23 and recommendations were to be filed within twenty-one (21) days. (ECF No. 9.) Plaintiff has 24 not filed timely objections to the findings and recommendations. 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). 28 /// 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 issued July 20, 2021 (ECF No. 9), are ADOPTED 5 | IN FULL, and 6 2. This action is DISMISSED without prejudice for failure to prosecute, see E.D. Cal. 7 | LR. 110; Fed. R. Civ. P. 41(b). 8 IT IS SO ORDERED. 9 | Dated: August 30, 2021 10 / ul “ Lu 12 Troy L. Nuhley> 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28