(PC)Colbert v. Bell ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TANNER DAYNE COLBERT, No. 2:20-cv-01343-TLN-DB 12 Plaintiff, 13 v. ORDER 14 BELL, et al., 15 Defendants. 16 17 Plaintiff Tanner Dayne Colbert (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 this 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 21, 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 thirty days. (ECF No. 10.) Plaintiff has not filed 23 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 filed April 21, 2021 (ECF No. 10), are 3 ADOPTED IN FULL; 4 2. This action is DISMISSED without prejudice; and 5 3. The Clerk of Court is directed to close this case. 6 IT IS SO ORDERED. 7 | Dated: August 30, 2021 8 () 9 “ □ / Vso 10 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28