(PC) Sierra v. Director of CDCR ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALAN SIERRA, No. 2:16-cv-01067 MCE KJN P 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL 14 DIRECTOR OF DEPT. OF CORRECTIONS & REHABILITATION, 15 et al., 16 Defendants. 17 18 Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action seeking 19 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 15, 2022, the magistrate judge filed findings and recommendations herein 22 which were served on plaintiff and contained notice that any objections thereto were to be filed 23 within fourteen (14) days. ECF No. 99. To date, Plaintiff has not filed objections to the findings 24 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 Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 28 /// 1 | the file, the Court finds the findings and recommendations to be supported by the record and by 2 | the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed on March 15, 2022 (ECF No. 99), are 5 | ADOPTED in full; 6 2. This action is DISMISSED; and 7 3. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 | Dated: July 11, 2022 10 JAK, hu rfl ASX, Xe: Marlies 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28