(PC) Anderson v. Vangerwen ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Ryan David Anderson, No. 2:20-cv-00246-KJM-DB 12 Plaintiff, 13 v. ORDER 14 Robert M. Van Gerwen, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 7, 2023, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff, and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty days. See F&Rs, ECF No. 28. 23 Those twenty days have passed, and 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 States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] 1 | court[.]”). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 7, 2023, ECF No. 28 are adopted 5 in full; 6 2. Claims 5, 6, 8, and 9 of the fourth amended complaint, ECF No. 27, are dismissed 7 without leave to amend; 8 3. The claims against defendants County of Shasta, Shasta County Sheriff’s Office, 9 Former Shasta County Sheriff Tom Bosenko, Former Shasta County Sheriff Eric 10 Magrini, Captain David M. Kent, Captain Gene B. Randall, Deputy Joshua R. Millis, 1] Deputy Brandon L. Brown, Doe 1, and Doe 2 are dismissed without leave to amend; 12 and 13 4. This matter is referred back to the assigned magistrate judge for all further pretrial 14 proceedings. 15 || DATED: May 22, 2024. 16 13 CHIEF ED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28