(PC) McPherson v. Green ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL B. McPHERSON, No. 2:23-cv-0811 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 J. GREENE, CCI, 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 28, 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. Plaintiff did not filed 23 objections to the findings and recommendations.1 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 1 On October 19, 2023, plaintiff filed a document styled, “Motion for Relief for Abuse of 27 Process.” (ECF No. 23.) However, plaintiff does not address his failure to amend. Rather, plaintiff continues to claim he is entitled to default judgment. (Id., see also ECF Nos. 19, 21.) 28 Plaintiff is mistaken. 1 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 2 || reviewed the file, the court finds the findings and recommendations to be supported by the record 3 | and by the magistrate judge’s analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed September 28, 2023, are adopted in full; and 6 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 7 || Dated: November 16, 2023 dh ble aK. fad... tt-—- 8 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 9 10 |] ‘mcph23cv0811.800 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28