(PS) Abed v. Emino ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALI ABED, No. 2:21-cv-01152-DJC-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 HEATHER EMINO, et al., 15 Defendants. 16 17 On July 24, 2023, the Magistrate Judge filed findings and recommendations 18 herein which were served on the parties and which contained notice that any 19 objections to the findings and recommendations were to be filed within fourteen 20 days. No party filed objections. 21 The Court presumes that any findings of fact are correct. See Orand v. United 22 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 23 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 24 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 25 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 26 the findings and recommendations to be supported by the record and by the proper 27 analysis. In addition, the Court has reviewed the Magistrate Judge’s December 22, 28 2022 Order (ECF No. 4) which the Court finds is also supported by the record and the 1 | proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The proposed Findings and Recommendations filed July 24, 2023, are 4 | ADOPTED; 5 2. This action is dismissed without prejudice for failure to prosecute, failure to 6 || comply with court orders, and failure to state a claim for the reasons set forth in the 7 | December 22, 2022 order; and 8 3. The Clerk of Court is directed to close the case. 9 10 IT IS SO ORDERED. 11 | Dated: _September 6, 2023 _ Bek | Cbabeatin.. Hon. Daniel labretta 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28