(PC) Phillips v. Eason

Opinion

NICOLAS PHILLIPS, No. 2:24-cv-2295 DJC CSK P Plaintiff, v. ORDER OFFICER B. EASON, 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 January 08, 2025, 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. Plaintiff was re-served with the findings and recommendations on January 27, 2025. Neither party 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 (ECF No. 23) are adopted in full; and 2. Defendant CDCR is dismissed from this action. 3. This matter is referred to the assigned Magistrate Judge for all further pretrial proceedings. Dated: _ April 2, 2025 “Daniel CoD tto— Hon. Daniel It |. Cod UNITED STATES DISTRICT JUDGE jphitz4cv2295.801