(PC) Kitchens v. Rio Consumnes Correctional Center ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT KITCHENS, No. 2:20-cv-01829-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 RIO COSUMNES CORRECTIONAL CENTER, et al., 15 Defendants. 16 17 18 Plaintiff Robert Kitchens (“Plaintiff”), a Sacramento County Jail prisoner proceeding pro 19 se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On December 29, 2020, the magistrate judge filed findings and recommendations herein 23 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 24 findings and recommendations were to be filed within fourteen days. (ECF No. 8.) Plaintiff has 25 not filed any objections to the findings and recommendations. 26 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 /// 1 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 2 | US.C. § 636(b)(1). 3 Having reviewed the file under the applicable legal standards, the Court finds the Findings 4 | and Recommendations to be supported by the record and by the magistrate judge’s analysis. 5 | Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations filed December 29, 2020 (ECF No. 8), are 7 | adopted in full; 8 2. This action is DISMISSED without prejudice; and 9 3. The Clerk of the Court is directed to close this case. 10 IT IS SO ORDERED. 11 | Dated: February 9, 2021 /) 12 ( | jf / 13 Sp Voix 14 Troy L. Nuhlep ] United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28