(PC) Albritton v. State of California ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVINCHE JAVON ALBRITTON, Case No. 2:24-cv-01424-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 STATE OF CALIFORNIA, 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 29, 2024, the magistrate judge filed findings and recommendations herein which 21 were served on Plaintiff, and contained notice to Plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. (ECF No. 7.) The time to file objections 23 has passed, and Plaintiff did not file any objections. 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 that: 2 1. The findings and recommendations, filed on July 29, 2024 (ECF No. 7), are 3 ADOPTED IN FULL; 4 2. The Court DENIES Plaintiffs Motion for Injunctive Relief (ECF No. 6); 5 3. The Court DISMISSES Plaintiff's Complaint (ECF No. 1) with leave to amend; 6 and 7 4. This action is REFERRED to the assigned magistrate judge for further pretrial 8 proceedings. 9 | Date: September 5, 2024 10 yy / “ \/ of Lor 12 — ZA NZ Troy L. Nunley» } 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28