(PC) Coleman v. California Department of Corrections and Rehabilitation ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT E. COLEMAN, No. 2:19-cv-01811-TLN-AC 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff Robert E. Coleman (“Plaintiff”), a state prisoner proceeding pro se, has filed this 19 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On December 15, 2020, 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. 9.) 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). 28 /// 1 Having reviewed the file, the Court finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed December 15, 2020 (ECF No. 9), are 5 ADOPTED IN FULL; and 6 2. This action is DISMISSED without prejudice. 7 IT IS SO ORDERED. 8 DATED: February 5, 2021 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28