(PC) Kononov v. Sacramento Count/City Main Jail ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VITALY KONONOV, No. 2:20-cv-1110 KJM DB P 12 Plaintiff, 13 v. ORDER 14 SACRAMENTO COUNTY MAIN JAIL, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 10, 2021, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within thirty days. Instead of filing objections, plaintiff has 23 attempted to file a second amended complaint, which is untimely. In addition, the proposed 24 second amended complaint does not cure the defects of the prior, dismissed complaints. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED: 4 1. The findings and recommendations filed May 10, 2021, are adopted; 5 2. This action is dismissed, without further leave to file an amended complaint, for failure 6 || to comply with a court order and failure to state a claim; 7 3. The second amended complaint and motion to stay are denied as moot; and 8 4. The Clerk’s office is directed to close this case. 9 || DATED: September 27, 2021. 10 1 ee CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28