(PC)Miller v. Thomas ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH LEE MILLER, No. 2:22-cv-0087 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 J. THOMAS, 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 July 19, 2022, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 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 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 19, 2022, are adopted in full; and 3 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 4 | Dated: September 26, 2022 he Lhe ak. (LA. □□□□□□□□□□□□□□□□□□□□□□□□ 6 UNITED STATES DISTRICT JUDGE 7 /mill0087.800 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28