1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AL GENE FISHER, JR., Case No. 2:22-cv-1952-TLN-JDP (P) 12 Plaintiff, 13 v. ORDER 14 GALYEN, et al., 15 Defendants. 16 17 Plaintiff Al Gene Fisher, Jr. (“Plaintiff”), a county inmate proceeding pro se, has filed this 18 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 October 30, 2025, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 62.) Neither 23 party has 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 Robbins v. Carey,

(9th Cir. 2007). The Court has reviewed the file and finds 27 the findings and recommendations to be supported by the record and by the magistrate judge’s 28 analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 30, 2025 (ECF No. 62) are adopted 3 | in full; 4 2. This action is DISMISSED without prejudice for failure to prosecute and failure to 5 | comply with court orders for the reasons set forth in the October 2, 2025 Order (ECF No. 61); 6 3. Defendants’ motion for summary judgment (ECF No. 57) is DENIED as moot; and 7 4. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 | Date: December 9, 2025

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