(PC) Parrish v. Mule Creek State Prison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA PARRISH, No. 2:22-cv-02192-DJC-CKD 12 Plaintiff, 13 v. ORDER 14 MULE CREEK STATE PRISON, 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 February 8, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff and which contained notice to 22 Plaintiff that any objections to the findings and recommendations were to be filed 23 within fourteen days. Plaintiff has not 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 8, 2023, are adopted in 5 | full; and 6 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. 7 | P.41(b). 8 3. All pending motions be terminated (ECF No. 1). 9 4. The Clerk of Court close this action. 10 11 0 IT IS SO ORDERED. 13 | Dated: _ April 24, 2023 _ Bek | Cbabeatin.. Hon. Daniel labretta 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 | 12/parr2192.800 21 22 23 24 25 26 27 28