(PC) Garcia v. Mohmand ( 2024 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM PATRICK GARCIA, No. 2:22-cv-2159-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 F. MOHMAND, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. 20 On July 15, 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. 22.) 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 15, 2024 (ECF No. 22), are 3 ADOPTED IN FULL; 4 2. The Court GRANTS in part and DENIES in part Defendants’ Motion to Dismiss 5 (ECF No. 15); 6 3. Plaintiff may file a first amended complaint within thirty (30) days of the 7 electronic filing date of this Order; 8 4. If Plaintiff does not file a first amended complaint within the time permitted, this 9 action shall proceed on Plaintiff's retaliation claims against Defendants Mohmand, 10 Cueva, Snelling, Ali, Thurmon, and Leali only and the Court will dismiss all other 11 claims and Defendants with prejudice; and 12 5. This matter is referred to the assigned magistrate judge for further proceedings. 13 | Date: September 5, 2024 14 ry /) 's “ \/ of du 16 — ZA Troy L. Nunley } 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28