(PC) Owens v. Brewer

United States District Court for the Eastern District of California

(PC) Owens v. Brewer

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THEON OWENS, No. 2:22-cv-1765 DJC CSK P 12 Plaintiff, 13 v. ORDER 14 A. BREWER, 15 Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action 18 seeking relief under

42 U.S.C. § 1983

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

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 20 On February 10, 2025, the Magistrate Judge filed findings and 21 recommendations herein which were served on all parties and which contained notice 22 to all parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. Neither party 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,

602 F.2d 207, 208

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

708 F.2d 452

, 454 28 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 1 | recommendations to be supported by the record and by the Magistrate Judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 43) are adopted in full; 5 2. Defendant's motion to dismiss with prejudice (ECF No. 37) is GRANTED. 6 3. The Clerk of the Court is directed to close this case. 7 8 IT IS SO ORDERED. 9 | Dated: _March 21, 2025 “Dane A Ch brett Hon. Daniel alabretta 10 UNITED STATES DISTRICT JUDGE 11 12 | □□□□□□□□□□□□□□□□□□□□□□ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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