(PC) Garcia v. Herrera ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO GARCIA, No. 2:22-cv-1612 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 LINDA HERRERA, 15 Defendant. 16 17 Plaintiff, who now appears to be deceased, filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 8, 2023, the Magistrate Judge filed findings and 21 recommendations herein. The findings and recommendations contained notice that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. No objections have been filed. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 27 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 28 recommendations to be supported by the record and by the Magistrate judge’s 1 | analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Defendant's motion to dismiss (ECF No. 30) is granted; and 4 2. This case is dismissed. 5 6 IT IS SO ORDERED. 7 | Dated: _December 15, 2023 “Daniel A CoD Hon. Daniel alabretta 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 garc1612.jo 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28