(PC) Dunagan v. Burrise ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN M. DUNAGAN, No. 2:22-cv-1544 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 T. BURRISE, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 24, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff has not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 27 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 28 recommendations to be supported by the record and by the Magistrate Judge’s 1 | analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed August 24, 2023 are adopted in 4 | full; 5 2. Plaintiff's amended complaint is dismissed; and 6 3. This case is closed. 7 3 IT IS SO ORDERED. 9 | Dated: _ November 1, 2023 Bek | Cbabeatin.. Hon. Daniel labretta 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 | duna1544,jo 15 16 17 18 19 20 21 22 23 24 25 26 27 28