(PS) Young v. Burlingham ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL CHRISTOPHER YOUNG, et al., No. 2:21-cv-00537-TLN-KJN 12 Plaintiffs, ORDER 13 v. 14 STEVEN RICHARD BURLINGHAM, et al., 15 Defendants. 16 17 18 Plaintiffs proceed in this civil action without counsel. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c)(21). 20 On August 6, 2021, the magistrate judge filed findings and recommendations, which were 21 served on the parties and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen (14) days. No objections were filed.1 23 Accordingly, the Court presumes any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 25 novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 26 27 1 Plaintiff Daniel Christopher Young filed a purported First Amended Complaint on August 18, 2021, which is signed only by him. (ECF No. 18.) Such a document is untimely, was not 28 filed with leave of Court, and is non-responsive to the Court’s prior orders. 1 The Court has reviewed the applicable legal standards and, good cause appearing, 2 | concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 3 | ITIS HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 15) are ADOPTED IN FULL; 5 2. The action is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil 6 Procedure 41(b); 7 3. Plaintiff Daniel Christopher Young’s Motion to Proceed in Forma Pauperis is DENIED as 8 moot (ECF No. 17); and 9 4. The Clerk of Court is directed to CLOSE this case. 10 | Dated: August 30, 2021 11 yy /) Sun ( Tasker 14 Troy L. Nunley> . } United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28