(PC) Rodriguez v. Covello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN MICHAEL RODRIGUEZ, No. 2:22-cv-00602-DJC-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 PATRICK COVELLO, 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 September 18, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff and which contained notice to 22 Plaintiff that any objections to the findings and recommendations were to be filed 23 within fourteen days. Plaintiff has not filed objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 28 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 1 | district court and [the appellate] court... .”). Having reviewed the file, the Court finds 2 | the findings and recommendations to be supported by the record and by the proper 3 | analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed September 18, 2023, are adopted 6 | in full; 7 2. This action is dismissed without prejudice for failure to prosecute and failure 8 || to comply with court orders for the reasons set forth in the July 10, 2023 order; and 9 3. The Clerk of Court is directed to close the case. 10 14 IT IS SO ORDERED. 12 | Dated: _November 17, 2023 “Daniel J CoD Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28