(PC) Gleason v. CDCR ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS LEE GLEASON, JR., No. 2:20-cv-00369-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTION AND 15 REHABILITATION, et al., 16 Defendants. 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 November 3, 2022, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. (ECF No. 51.) Neither 24 party has filed 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 reviewed 28 the file, the Court finds the findings and recommendations to be supported by the record and by 1 | the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed November 3, 2022, are adopted in full; 4 2. Defendants’ Motion for Summary Judgment (ECF No. 44) is GRANTED as to 5 Plaintiffs Federal Law Claims; 6 3. All of Plaintiff's State Law Claims are DISMISSED without prejudice in light of 7 the dismissal of all Plaintiff's Federal Claims; and, 8 4. The Clerk of Court shall close this case. 9 | DATED: January 2, 2023 10 /) 4.0 bl, 12 —ZNS ZN Troy L. Nunley» } 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28