(PC) Delgado v. Smith ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH R. DELGADO, No. 2:21-cv-1118 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 CHRISTOPHER SMITH, 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 October 17, 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. This matter is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil 5 | Procedure; and 6 2. Defendants’ July 17, 2023 motion to compel is denied as moot. 7 3. The Clerk of the Court is directed to close this case. 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