(PC) Dunsmore v. State of CA ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRYL DUNSMORE, No. 2:21-cv-1711-TLN-AC 12 Plaintiff, 13 v. ORDER 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 11, 2023, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff, and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 15.) Plaintiff has 23 not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 11, 2023 (ECF No. 15) are 3 ADOPTED IN FULL; and 4 2. Plaintiff's complaint is DISMISSED without prejudice for the reasons set forth in 5 the December 15, 2022 Screening Order (ECF No. 8). See L.R. 110; Fed. R. Civ. 6 P. 41(b); 28 U.S.C. § 1915A. 7 3. The Clerk of Court is directed to close this case. 8 || Date: December 4, 2023 ° /) 12 Troy L. Nuhlep ] United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28