1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, No. 2:23-cv-2770 DJC CSK P 12 Plaintiff, 13 v. ORDER 14 DEMITRIOUS GRUBBS, 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 18 relief under

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

(b)(1)(B) and Local Rule 302. 20 On August 22, 2025, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. Neither party 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. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations (ECF No. 48) are adopted in full; 4 2. This action is dismissed without prejudice based on plaintiff's failure to 5 || prosecute; and 6 3. The Clerk of the Court is directed to close this case. 7 8 IT IS SO ORDERED. 9 | Dated: _ October 2, 2025 “Dane A CoO □□□□ Hon. Daniel alabretta 10 UNITED STATES DISTRICT JUDGE 11 12 13 amm23cv2770.801 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28