(PC) Rojas v. County of Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, Case No. 2:22-cv-01244-DJC-JDP-PC 12 Plaintiff, 13 v. ORDER 14 COUNTY OF SACRAMENTO, 15 Defendant. 16 17 Robert Eugene Rojas, a former state prisoner proceeding pro se, has filed this 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On February 6, 2023, the Magistrate Judge filed findings and 22 recommendations herein which were served on plaintiff and which contained notice 23 to plaintiff that any objections to the findings and recommendations were to be filed 24 within fourteen days. (ECF No. 9.) Plaintiff has not filed objections to the findings and 25 recommendations. 26 The court presumes that any findings of fact are correct. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law 28 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 1 | (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 2 | district court and [the appellate] court... .”). 3 //// 4 | Having reviewed the file, the court finds the findings and recommendations to be 5 | supported by the record and by the proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed February 6, 2023 (ECF No. 9), are 8 adopted in full; 9 2. This action is dismissed without prejudice for lack of prosecution and failure 10 to comply with court rules and orders; and 11 3. The Clerk of Court is directed to enter judgment and close this case. 12 13 14 IT IS SO ORDERED. 15 | Dated: _ April 10, 2023 Bek | Cbabeatin.. Hon. Daniel labretta 16 UNITED STATES DISTRICT JUDGE 17 18 19 || DJCS -rojas22cv1244,jo 20 21 22 23 24 25 26 27 28