(PC) O'Connor v. J. Lizarraga ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GLENN O’CONNOR, No. 2:19-cv-0658 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 CA. DEPT. OF CORRECTIONS AND REHABILITATION, et al., 15 Defendants. 16 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 April 12, 2022, the magistrate judge filed findings and recommendations, which were 22 served on all parties and which contained notice to all parties that any objections to the findings 23 and recommendations were to be filed within fourteen days. Neither party filed objections to the 24 findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 12, 2022, are adopted in full; 5 2. Plaintiff's request to voluntarily dismiss this action with prejudice is granted; and 6 3. The clerk of court is directed to close this case. 7 || DATED: June 21, 2022. 8 9 l cae AS MWurl ¢ g_/ 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