(PC) Adair v. Vue

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES FRANKLIN ADAIR, No. 2:24-cv-0915 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 MACNAUGHT, et al., 15 Defendants. 16 17 Plaintiff, a California prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 16, 2024, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff and which contained notice 22 that any objections to the findings and recommendations were to be filed within 23 fourteen days. Plaintiff has not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 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 filed October 16, 2024, are adopted in 4 | full; and 5 2. This action is dismissed without prejudice. 6 3. The Clerk of the Court is directed to close this case. 7 8 IT IS SO ORDERED. 9 | Dated: _ December 27, 2024 “Daniel A CoD tto— Hon. Daniel alabretta 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28