(PC) Rice v. Boulware ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROYLAND RICE, No. 2:20-cv-01752-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 A.W. BOULWARE, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action. The matter 18 was referred to a United States Magistrate Judge as provided by Eastern District of California 19 local rules. 20 On March 27, 2023, the Magistrate Judge filed findings and recommendations, 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 filed. 24 The court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 27 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 28 ///// 1 | court....”). 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 filed March 27, 2023, are adopted in 5 || full. 6 2. Defendants’ request for judicial notice, ECF No. 28-2, is granted. 7 3. Defendants’ motion to revoke Plaintiff's in forma pauperis status, ECF 8 | No. 28, is granted. 9 4. Plaintiffs in forma pauperis status is revoked. 10 5. Plaintiff’s motion, ECF No. 33, to add additional defendants is denied as 11 | moot. 12 6. This action is dismissed without prejudice to refiling upon pre-payment of 13 | fees. 14 7. The Clerk of Court is directed to close this case. 15 | DATED: July 21, 2023. 16 13 CHIEF ED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28