(PC) Cross v. Brazil ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUINTIN R. CROSS, No. 2:21-cv-0766 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 BRAZIL, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, has filed this civil rights action seeking relief under 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 19 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 15, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on all parties and which contained notice 22 to all parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. Neither party has 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. Defendants’ motion for summary judgment (ECF No. 31) is granted; and 5 2. Plaintiff's claims arising under the First Amendment and the Americans with 6 | Disabilities Act are dismissed resulting in the dismissal of defendants Tsushoko and 7 | Clays. 8 3. This case is referred back to the Magistrate Judge for all further pretrial 9 | proceedings. 10 14 IT IS SO ORDERED. 12 | Dated: _ February 14, 2024 “Dane A Ch brett Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 | cros0766.jo 17 18 19 20 21 22 23 24 25 26 27 28