(PC)Harrell v. Stanton Correctional Facility

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DAVID ALLEN HARRELL, No. 2:21-cv-0602-KJM-EFB P

Plaintiff, v. ORDER

STANTON CORRECTIONAL

FACILITY, et al.,

Defendants.

Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On June 10, 2021, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the findings and recommendations.

The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court ....°). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed June 10, 2021, are adopted in full; 2. This action is dismissed without prejudice; and

3. The clerk of court is directed to close this case.

DATED: July 23, 2021.

( ti / ¢ q_/

CHIEF NT] ED STATES DISTRICT JUDGE 1]