(PC) Branson v. U.S. Forest Service ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIP BRANSON, No. 2:19-cv-01399-WBS-CKD 12 Plaintiff, 13 v. ORDER 14 U.S. FOREST SERVICE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) against 19 federal agents of the United States Forest Service. 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 July 12, 2021, the magistrate judge filed 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 fourteen days. Plaintiff has not filed objections to 24 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). Having 28 reviewed the file, the court finds the findings and recommendations to be supported by the record 1 | and by the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed July 12, 2021, are adopted in full; and 4 2. This action is dismissed with prejudice as against defendant Jasper for the reason that it 5 || appears said defendant is a dog. 6 || Dated: August 30, 2021 ed blew (ht. ~E— 7 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 12/bran1399.800.docx 16 17 18 19 20 21 22 23 24 25 26 27 28