(PC) Gutierrez v. Reyersbach ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UBALDO MIO GUTIERREZ, No. 2:22-cv-01492-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 P. REYERSBACH, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 28, 2023, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff, and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. The time to file objections 23 has passed, and Plaintiff did not file any objections. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 Having reviewed the file, the Court finds the findings and recommendations to be supported by 1 | the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed September 28, 2023 (ECF No. 16) are 4 ADOPTED IN FULL; 5 2. Service shall be initiated on J. Pantoja; 6 3. All other claims and defendants are DISMISSED without prejudice; and 7 4. This matter is referred back to the assigned magistrate judge for all further pretrial 8 proceedings. 9 | Date: November 1, 2023 0 □□ / Syl le B Troy L. Nunley> . } United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28