1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN LEE FOSTER, Case No. 2:24-cv-2307-DJC-JDP (P) 12 Plaintiff, 13 v. ORDER 14 MILAM, 15 Defendant. 16 17 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights 18 action seeking relief under

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

(b)(1)(B) and Local Rule 302. 20 On December 19, 2024, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff, and which contained notice 22 to Plaintiff that any objections to the findings and recommendations were to be filed 23 within fourteen days. Plaintiff has not filed objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States,

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Robbins v. Carey,

(9th Cir. 2007) 28 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 1 | district court and [the appellate] court... .”). Having reviewed the file, the Court finds 2 | the findings and recommendations to be supported by the record and by the proper 3 | analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations, filed December 19, 2024, are adopted 6 | in full; 7 2. This action is dismissed without prejudice for failure to pay the filing fee, to 8 | prosecute, and to comply with court orders for the reasons set forth in the November 9 | 15, 2024 order; and 10 3. The Clerk of Court is directed to close this action. 11 12 IT IS SO ORDERED. 13 | Dated: _January 17, 2025 “Dane A Ch brett Hon. Daniel alabretta 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28