(PC) Choyce v. Radasa ( 2022 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 CALVIN CHOYCE, No. 2:20-cv-0608 KJM KJN P 13 Plaintiff, 14 v. ORDER 15 N. RADASA, 16 Defendant. 17 18 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 19, 2021, the magistrate judge filed findings and recommendations, which 22 were served on all parties and which contained notice to all parties that any objections to the 23 findings and recommendations were to be filed within fourteen days. On November 10, 2021, 24 plaintiff was granted a sixty-day extension of time to file objections. Neither party filed 25 objections to the findings and recommendations. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 27 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 28 de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 | Having reviewed the file, the court finds the findings and recommendations to be supported by 2 || the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 19, 2021, are adopted in full; 5 2. Defendant’s motion for summary judgment (ECF No. 30) is granted; and 6 3. This action is dismissed. 7 || DATED: May 23, 2022. 8 9 ( ti / ¢ q_/ 10 CHIEF NT] ED STATES DISTRICT JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28