(PC) Davis v. Lynch

Opinion

MAURICE DARONTE DAVIS, No. 2:23-cv-0845-DJC-KJN P Plaintiff, v. ORDER Defendant. Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 29, 2023, the Magistrate Judge filed findings and recommendations herein which contained notice to Plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff did not file objections to the findings and recommendations. The Court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and recommendations to be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed August 29, 2023, are adopted in full; 2. All claims in the first amended complaint against defendant Lynch, but for the three claims found potentially colorable in the screening order (ECF No. 9), and all claims against defendant Newsom are dismissed. | Dated: _ November 1, 2023 Bek | Cbabeatin.. Hon. Daniel labretta UNITED STATES DISTRICT JUDGE /davi23cv0845.801