(PC) Dunsmore v. State of CA

Opinion

DARRYL DUNSMORE, No. 2:21-cv-1711-TLN-AC Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., Defendants. 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 September 11, 2023, the magistrate judge filed findings and recommendations herein which were served on Plaintiff, and which contained notice to Plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. (ECF No. 15.) Plaintiff has not 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. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed September 11, 2023 (ECF No. 15) are ADOPTED IN FULL; and 2. Plaintiff's complaint is DISMISSED without prejudice for the reasons set forth in the December 15, 2022 Screening Order (ECF No. 8). See L.R. 110; Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A. 3. The Clerk of Court is directed to close this case. Date: December 4, 2023 ° /)

Troy L. Nuhlep ] United States District Judge