(PC) Scott v. California Health Care Facility ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HOWARD SCOTT, No. 2:18-cv-00635-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA HEALTH CARE FACILITY, 15 16 Defendant. 17 18 Plaintiff, a state prisoner 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 February 11, 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. Plaintiff has not filed 24 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 magistrate judge’s February 11, 2021 findings and recommendations are 5 | ADOPTED IN FULL; and 6 2. This action is DISMISSED without prejudice. 7 3. The Clerk of Court is directed to close the case. 8 | DATED: March 19, 2021 yy / 10 “ \/ of du 11 — x, _Z Troy L. Nunley» } 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28