(PC) Foster v. The State Department of State Hospitals ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN LEE FOSTER, No. 2:21-cv-01286-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 THE STATE DEPARTMENT OF STATE HOSPITALS, 15 Defendant. 16 17 18 Plaintiff, a county inmate proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 16, 2021, the magistrate judge filed findings and recommendations herein 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 6.) Plaintiff has 24 not filed 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). Having reviewed 28 the file, the Court finds the findings and recommendations to be supported by the record and by 1 | the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed November 16, 2021, (ECF No. 6), are adopted 4 | in full; 5 2. Plaintiffs complaint is dismissed without leave to amend; and, 6 3. The Clerk of Court is directed to close this case. 7 | DATED: January 24, 2022 8 () )) 10 Troy L. Nuhlep ] United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28