1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY LEE COLLINS, 12 Plaintiff, No. 2:24-cv-01229-TLN-SCR 13 v. 14 D. SMITH, et al., ORDER 15 Defendants. 16 17 Plaintiff Bobby Lee Collins (“Plaintiff”), a state prisoner proceeding pro se, filed this civil 18 rights action seeking relief under

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

(b)(1)(B) and Local Rule 302. 20 On August 22, 2025, the magistrate judge filed findings and recommendations which were 21 served on Plaintiff and which contained notice that any objections to the findings and 22 recommendations were to be filed within twenty-one (21) days. (ECF No. 13.) This deadline has 23 passed, and no objections have been filed. 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, (ECF No. 13), are ADOPTED in full; and 4 2. The action is DISMISSED without prejudice for failure to prosecute, Fed. R. Civ. P. 5 41(b), and failure to comply with a court order, Local Rule 110. 6 Date: October 24, 2025 7

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