(PC) Delphin v. Edwards ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY DELPHIN, No. 2:23-cv-00493 KJM DB P 12 Plaintiff, 13 v. ORDER 14 EDWARDS, 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 as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 18, 2023, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within thirty days. On May 10, 2023, the magistrate judge 23 granted plaintiff’s motion for an additional thirty days to file objections. Plaintiff has not filed 24 objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 | ....°). 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: 4 1. The findings and recommendations filed April 18, 2023 (ECF No. 5) are adopted in 5 | full; 6 2. Plaintiffs claims regarding the deprivation of his property are dismissed; and 7 3. This case is referred back to the assigned magistrate judge for further pretrial 8 | proceedings. 9 | DATED: July 24, 2023. 10 1 eee CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28