(PC) Kjeldergaard v. CDCR ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NIKOLAS GORDON KJELDERGAARD, No. 2:23-cv-2013 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 CDCR, et al., 15 Defendants. 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 November 29, 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 November 29, 2023 are adopted in 5 | full; and 6 2. This action is dismissed without prejudice for failure to comply with court 7 | orders. See Local Rule 110; Fed. R. Civ. P. 41(b). 8 9 IT IS SO ORDERED. 10 | Dated: January 12, 2024 “Darel A Ch brett Hon. Daniel alabretta " UNITED STATES DISTRICT JUDGE 12 13 14 15 | kjel2013,jo 16 17 18 19 20 21 22 23 24 25 26 27 28