1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ORRIN TYLER COLBOURN, No. 2:24-cv-2773-TLN-SCR 12 Plaintiff, 13 v. ORDER 14 CORIE J. CARAWAY, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under

. The matter was referred to a United States Magistrate Judge pursuant to 19

(b)(1)(B) and Local Rule 302. 20 On October 28, 2024, the magistrate judge filed findings and recommendations which 21 were served on plaintiff, and which contained notice that any objections to the findings and 22 recommendations were to be filed within twenty-one days. Plaintiff has filed objections to the 23 findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] 28 court[.]”). Having carefully reviewed the entire file, including the objections, the Court finds the 1 | findings and recommendations to be supported by the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations (ECF No. 3) are adopted in full; 4 2. Plaintiffs motion to proceed in forma pauperis (ECF No. 4) and motion to appoint 5 counsel (ECF No. 5) are denied as moot; 6 2. This action is dismissed for failure to state a claim; and 7 3. The Clerk of the Court is directed to close this case. 8 | DATE: December 5, 2024 9 10 7, 11 12 TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28