1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL A. ALVAREZ, No. 2:24-cv-2062 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 T. MCKEAN, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under

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

(b)(1)(B) and Local Rule 302. 20 On November 8, 2024, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff and which contained notice 22 that any objections to the findings and recommendations were to be filed within 23 fourteen days. Plaintiff has not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States,

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

, 454 27 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 28 recommendations to be supported by the record and by the Magistrate Judge’s 1 | analysis. Having further considered the factors described in Ferdik v. Bonzelet, 963 2 | F.2d 1258, 1260 (9th Cir. 1992) the Court finds that dismissal is appropriate. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed November 8, 2024, are adopted in 5 | full; and 6 2. This action is dismissed without prejudice. 7 3. The Clerk of the Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 | Dated: _ January 9, 2025 “Darel A Ch brett Hon. Daniel alabretta " UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28