(PC) Miller v. Mule Creek State Prison Medical Department ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH LEE MILLER, No. 2:21-cv-02171-JAM-CKD 12 Plaintiff, 13 v. ORDER 14 MULE CREEK STATE PRISON MEDICAL DEPARTMENT, et al., 15 Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 22, 2022, the magistrate judge filed findings and recommendations herein 22 which were served on plaintiff and which contained notice to plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. 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, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 reviewed the file, the court finds the findings and recommendations to be supported by the record 1 and by the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed March 22, 2022, are adopted in full; and 4 2. This action is dismissed without prejudice as duplicative. 5 6 Dated: May 11, 2022 /s/ John A. Mendez 7 THE HONORABLE JOHN A. MENDEZ 8 UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28