(PC) Edwards v. Rosenlop ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLEOTHA EDWARDS, No. 2:23-cv-00071-DJC-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 ROSENLOP, 15 Defendant. 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 August 4, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff has not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. 25 , 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. , 481 F.3d 1143, 1147 (9th Cir. 2007) 27 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 28 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 1 the findings and recommendations to be supported by the record and by the proper 2 | analysis. In addition, the Court has reviewed the Magistrate Judge’s April 7, 2023 3 | Order (ECF No. 8) and the June 20, 2023 Order (ECF no. 9) which the Court finds are 4 | also supported by the record and the proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed August 4, 2023, are adopted in full; 7 2. This action is dismissed for failure to prosecute and failure to comply with 8 | court orders for the reasons set forth in the June 20, 2023 and April 7, 2023 orders; 9 | and 10 3. The Clerk of Court is directed to close the case. 11 12 IT IS SO ORDERED. 13 | Dated: _September 8, 2023 _ Bek | Cbabeatin.. Hon. Daniel labretta 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28