1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN GILBERT MENDOZA, 12 Plaintiff, No. 2:24-cv-0816-TLN-CKD P 13 v. 14 G. MATTESON, et al., ORDER 15 Defendants. 16 17 Plaintiff John Gilber Mendoza (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 this civil rights 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 September 11, 2025, the magistrate judge filed findings and recommendations which 21 were served on Plaintiff and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen (14) days. (ECF No. 22.) Plaintiff has not 23 filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court[.]”). 28 Having reviewed the file, the Court finds the findings and recommendations to be supported by 1 | the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed September 11, 2025, (ECF No. 22), are 4 ADOPTED in full; 5 2. Plaintiffs third amended complaint, (ECF No. 21), is DISMISSED for failure to state a 6 claim upon which relief can be granted; and 7 3. The Clerk of Court is directed to close this case. 8 || Date: October 24, 2025

10 11 TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28