(PC) Kayik v. Saucedo

Opinion

ERHAN KAYIK, No. 2:21-cv-1401 WBS CKD P Plaintiff, v. ORDER E. SAUCEDO, et al., Defendants. 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 October 20, 2022, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that he could file objections. The time for filing objections has expired and plaintiff has not filed objections. 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 October 20, 2022 are adopted in full; and 2. This action is dismissed as against defendants Knight, Holmes and Moseley. Dated: January 17, 2023 / □ - et an Vin oh a UNITED STATES DISTRICT JUDGE kayil401jo