(PC) Price v. Burkhart

United States District Court for the Eastern District of California

(PC) Price v. Burkhart

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IMMANUEL C. PRICE, No. 2:22-cv-2306 WBS CSK P 12 Plaintiff, 13 v. ORDER 14 M. BURKHART, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, 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 November 20, 2024, the magistrate judge filed findings and recommendations herein 21 which were served on all parties, and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. 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 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 28) are adopted in full; and 3 2. This action is dismissed without prejudice for lack of prosecution. See Fed. R. Civ. P. 4 | 16(f; Local Rule 110. 5 || Dated: December 30, 2024 he Lhe ak. (ht, t~<—- 6 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 4 8 9 | spric22cv2306.801 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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