(PS) Littleton v. Sacramento CA ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL LITTLETON, No. 2:23-cv-00400-KJM-CKD (PS) 11 Plaintiffs, 12 v. ORDER 13 SACRAMENTO CALIFORNIA, et al., 14 Defendants. 15 16 This matter was referred to a United States Magistrate Judge as provided by Local Rule 17 302(c)(21). On March 24, 2023, the magistrate judge filed findings and recommendations, which 18 contained notice that any objections to the findings and recommendations were to be filed within 19 fourteen days. ECF No. 3. Plaintiff has not filed objections to the findings and 20 recommendations. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 22 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis and adopts the magistrate judge’s conclusion 27 that plaintiff has failed to state a claim. While the court acknowledges plaintiff’s statements that 28 he is in distress, and is not unsympathetic, the court cannot resolve plaintiff’s claims as a matter 1 | □□ law. The court notes the existence of community resources that may be able to offer some 2 || assistance to plaintiff. For example, plaintiff may wish to visit Legal Services of Northern 3 || California at 517 12th Street, Sacramento, CA 95814, Monday through Friday from 8:30 a.m. to 5 4 | p.m. Plaintiff may also wish to visit Wellspace Health at 1820 J Street, Sacramento, CA 95811, 5 || Monday through Friday from 7 a.m. to 6 p.m. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. The findings and recommendations filed March 24, 2023 (ECF No. 3) are adopted in 8 full; 9 2. Plaintiff's complaint (ECF No. 1) is dismissed without leave to amend for failure to 10 state a claim; and 11 3. The Clerk of Court is directed to close this case. 12 | DATED: May 2, 2023. 13 14 ee 3 CHIEF ED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28