(PC) Spearman v. La Superior

United States District Court for the Eastern District of California

(PC) Spearman v. La Superior

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD EDWARD SPEARMAN, No. 2:25-cv-00237-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 LA SUPERIOR, 15 Defendant. 16 17 Plaintiff Reginald Edward Spearman (“Plaintiff”), a former state prisoner proceeding pro 18 se, has filed this civil rights action seeking relief under

42 U.S.C. § 1983

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

28 U.S.C. § 636

(b)(1)(B) and Local Rule 20 302. 21 On April 16, 2025, the magistrate judge filed findings and recommendations herein which 22 were served on Plaintiff, and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 7.) Plaintiff has 24 not filed objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602

26 F.2d 207, 208

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

481 F.3d 1143, 1147

(9th Cir. 2007) (“[D]eterminations of law by the 28 magistrate judge are reviewed de novo by both the district court and [the appellate] court[.]”). 1 Having reviewed the file, the Court finds the findings and recommendations to be supported by 2 the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 16, 2025 (ECF No. 7), are ADOPTED IN 5 FULL; 6 2. Plaintiff’s Complaint (ECF No. 1) is DISMISSED without leave to amend for failure to 7 state a cognizable

42 U.S.C. § 1983

claim; 8 3. Plaintiff’s application to proceed in forma pauperis (ECF No. 5) is DENIED; and 9 4. The Clerk of Court is directed to close this action. 10 IT IS SO ORDERED. 11 Date: May 28, 2025 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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