(PC) Eckland v. Dunn ( 2022 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 ARNOLD RAY ECKLUND, No. 2:18-cv-1979 KJM AC P 13 Plaintiff, 14 v. ORDER 15 DUNN, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 15, 2021, the magistrate judge issued findings and recommendation, which 22 were served on Plaintiff, and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within twenty-one days. See ECF No. 10. 24 Plaintiff has not filed objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations issued November 15, 2021 (ECF No. 10), are 5 | ADOPTED in full; 6 2. This action is DISMISSED without prejudice, and 7 3. This case is CLOSED. 8 | DATED: February 22, 2022. 9 10 ( ti / ¢ q_/ CHIEF NT] ED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28