(PC) Harris v. United States

Opinion

DAVID D. HARRIS, Case No. 2:22-cv-01970-KJM-JDP (PC) 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 9, 2023, the magistrate judge filed findings and recommendations, 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. 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court ///// ....°). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis. Accordingly, IT IS HEREBY ORDERED: 1. The findings and recommendations filed January 9, 2023, are adopted in full; 2. Plaintiff's second amended complaint is dismissed without leave to amend for failure to state a claim; 3. Plaintiffs motion for judgment, ECF No. 9, is denied as moot; and 4. The Clerk of Court is directed to close the case. DATED: March 6, 2023. eee CHIEF ED STATES DISTRICT JUDGE