(PC) Martinez v. California State Prison CMF

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRED FELEKI MARTINEZ, No. 2:23-cv-00085-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA STATE PRISON CMF, et al., 15 Defendants. 16

17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 19 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 20 Eastern District of California local rules. 21 On August 16, 2023, the Magistrate Judge filed findings and recommendations, 22 which were served on the parties, and which contained notice that the parties may file objections 23 within the time specified therein. No objections to the findings and recommendations have been 24 filed. 25 The court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 28 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 1 | court....”). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED as follows: 4 1. The findings and recommendations filed August 16, 2023, are adopted in 5 || full. 6 2. “California State Prison CMF” is dismissed with prejudice. 7 3. The Clerk of the Court is directed to terminate “California State Prison 8 | CMF” as a defendant to this action, which is referred back to the assigned Magistrate Judge for 9 || further pre-trial proceedings. 10 | DATED: January 29, 2024. 11 12 eee 3 CHIEF ED STATES DISTRICT JUDGE

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