(PC) Windham v. Covello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES WINDHAM, No. 2:22-cv-01931-TLN-JDP 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 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 August 8, 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 file 23 objections to 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 1 | Having reviewed the file, the Court finds the findings and recommendations to be supported by 2 | the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 8, 2023 CECF No. 19) are ADOPTED IN 5 FULL; 6 2. This action is DISMISSED without prejudice for failure to prosecute and failure to 7 comply with Court orders for the reasons set forth in the June 16, 2023 order (ECF No. 8 18); and 9 3. The Clerk of Court is directed to close the case. 10 | Date: September 6, 2023 11 12 { J) /) 13 “ ur Vokoy 14 Troy L. Nuhlep ] 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28