(PC) Wheaton v. McComber ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GENE PAUL WHEATON, Case No. 2:22-cv-01434-DJC-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 J. MCCOMBER, 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 December 12, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff, and which contained notice 22 to 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 28 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 1 | district court and [the appellate] court... .”). Having reviewed the file, the Court finds 2 | the findings and recommendations to be supported by the record and by the proper 3 | analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed December 12, 2023, ECF No. 24, 6 | are adopted in full; 7 2. The Fourth Amended Complaint, ECF No. 23, is dismissed without further 8 || leave to amend and for failure to state a claim; and 9 3. The Clerk of Court is directed to close the case. 10 14 IT IS SO ORDERED. 12 | Dated: _ February 2, 2024 “Dane A Ch brett Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28