(PC) Donaldson v. Garland ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JULIUS DONALDSON, No. 2:21-cv-1178 DJC KJN P 12 Plaintiff, 13 v. ORDER 14 MERRICK GARLAND, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 28, 2023, the magistrate judge filed findings and 21 recommendations herein which were served on all parties and which contained notice 22 to all parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. Neither party filed objections to the findings and 24 recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 28 (9th Cir. 1983). Having reviewed the file, the court finds the findings and 1 | recommendations to be supported by the record and by the magistrate judge's 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 28, 2023, are adopted in 5 | full; and 6 2. Defendant Tuttle is dismissed from this action without prejudice. See Fed. R. 7 | Civ. P. 41(b). 8 9 10 IT IS SO ORDERED. 11 | Dated: _ April 19, 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