(PC) Donaldson v. Garland ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JULIUS DONALDSON, No. 2:21-cv-01178-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 MERRICK R. GARLAND, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 11, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 11, 2022, are ADOPTED IN FULL; 3 2. Defendant United States’ motion to dismiss (ECF No. 27) is GRANTED; 4 3. Plaintiff's FTCA and putative Bivens claims against the defendant United States are 5 | DISMISSED with prejudice; and 6 4. This case now proceeds on Plaintiff's Bivens claims based on his Eighth Amendment 7 | claims against the remaining Defendants. 8 | DATED: December 15, 2022 9 () I] 10 Mh Vhokay Troy L. Nunley ] D United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28