(PC) Davis v. Miranda

Opinion

DAMIEN LEE DAVIS, No. 2:18-cv-02894-WBS-CKD Plaintiff, v. ORDER Defendant. Plaintiff, a state prisoner proceeding pro se, has 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 April 17, 2020, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed 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. MASE 6 LOU VE MEU MIT VRS NE MVOC LO PR ere PAY ee

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed April 17, 2020, are adopted in full; 2. Plaintiffs second amended complaint is dismissed without leave to amend for failure to state a claim upon which relief can be granted. 3. The Clerk of court is directed to close this case. Dated: May 27, 2020 eh blew a (ht. WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 12/davi294.801.docx