(PC) McCoy v. Sacramento Police Department ( 2024 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME ELI MCCOY, No. 2:23-cv-1636-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 POWDER, also known as Dustin Smith, 15 Defendant. 16 17 Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 18 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of 19 California local rules. 20 On July 10, 2024, the magistrate judge filed findings and recommendations herein which 21 were served on the parties, and which contained notice that the parties may file objections within 22 the time specified therein. (ECF No. 15.) The time to file objections has passed, and no 23 objections to the findings and recommendations were filed. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. The findings and recommendations, filed on July 20, 2024 (ECF No. 15), are 3 ADOPTED IN FULL 4 2. This action is DISMISSED without prejudice; 5 3. The Court DENIES Plaintiff's Motion for a Subpoena (ECF No. 16) as moot; and 6 4. The Clerk of the Court is directed to close this case. 7 | Date: September 5, 2024 8 / ° “ / eck 10 — ZN NZ Troy L. Nunley» } 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28