(PC) Mills v. Agurkis ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY JAMES MILLS, Case No. 2:22-cv-01675-DJC-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 J. AGURKIS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 17, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff has not filed objections to the findings and recommendations. 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 27 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 28 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 1 | the findings and recommendations to be supported by the record and by the proper 2 | analysis. However, the Court will specify that the dismissal be without prejudice. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed May 17, 2023, are adopted in part, 5 || the only modification being that the dismissal is without prejudice; 6 2. This action is dismissed without prejudice for failure to prosecute, failure to 7 || comply with court orders, and failure to state a claim, for the reasons set forth in the 8 | January 23, 2023 and April 4, 2023 orders; and 9 3. The Clerk of Court is directed to close the case. 10 11 IT IS SO ORDERED. 12 | Dated: _June 17, 2023 _ Bek | Cbabeatin.. Hon. Daniel labretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28