(PC) Polee v. Staggs-Boatright ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN POLEE, No. 2:22-cv-1538 DJC KJN P 12 Plaintiff, 13 v. ORDER 14 C. STAGGS-BOATRIGHT, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 24, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff and which contained notice to 22 Plaintiff that any objections to the findings and recommendations were to be filed 23 within fourteen days. Plaintiff has not filed objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 28 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 1 | recommendations to be supported by the record and by the Magistrate Judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed January 24, 2023, are adopted in 5 | full; and 6 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. 7 | P.41(b). 8 9 10 IT IS SO ORDERED. 11 | Dated: _ May 12, 2023 Bek | Cbabeatin.. Hon. Daniel labretta 12 UNITED STATES DISTRICT JUDGE 13 14 15 || /pole22cv1538.800 16 17 18 19 20 21 22 23 24 25 26 27 28