(PS) DeVan Daniel v. Clayborne ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN DEVAN DANIEL, No. 2:22–cv–1350–DJC–KJN PS 12 Plaintiff, ORDER 13 v. (ECF Nos. 26, 28, 31, 32.) 14 ROBERT CLAYBORNE, 15 Defendant. 16 17 Plaintiff is proceeding in this action in pro per. The matter was referred to a 18 United States Magistrate Judge pursuant to Local Rule 302(c)(21). 19 On January 3, 2024, the Magistrate Judge filed findings and recommendations 20 (ECF No. 32), which were served on the parties and which contained notice that any 21 objections to the findings and recommendations were to be filed within fourteen (14) 22 days. No objections were filed. Accordingly, the Court presumes that any findings of 23 fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The 24 magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley 25 Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 26 The Court has reviewed the applicable legal standards and, good cause 27 appearing, concludes that it is appropriate to adopt the findings and 28 recommendations in full. Accordingly, IT IS HEREBY ORDERED that: 1 1. The findings and recommendations (ECF No. 32) are ADOPTED IN FULL; 2 2. Defendant's motion to dismiss (ECF No. 26.) is GRANTED; 3 3. The action is DISMISSED WITH PREJUDICE; 4 4. Plaintiff's motion for discovery (ECF No. 28) and motion for extension of time 5 (ECF No. 31) are DENIED as MOOT; and 6 5. The Clerk of Court be directed to CLOSE this case. 7 8 9 IT IS SO ORDERED. 10 | Dated: _February 23, 2024 “Dane A Ch brett Hon. Daniel alabretta " UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28