(PS)Harding v. De Canio

Opinion

1 2 3 4 5 6 7 10 11 BRENT LEE HARDING, Case No. 2:21-cv-02239-DJC-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 AARON DE CANIO, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action. The 18 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. On December 7, 2023, the Magistrate Judge filed 20 findings and recommendations herein which were served on Plaintiff and which 21 contained notice that any objections to the findings and recommendations were to be 22 filed within fourteen days. No objections were filed. 23 The Court presumes that any findings of fact are correct. See Orand v. United 24 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 25 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 26 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 27 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 28 the findings and recommendations to be supported by the record and by the proper 1 | analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The proposed Findings and Recommendations filed December 7, 2023, are 4 | ADOPTED; 5 2. Plaintiff's first amended complaint, ECF No. 7, is dismissed without leave to 6 | amend for failure to state a claim; and 7 3. The Clerk of Court is directed to close this case. 8 10 | Dated: _ January 12, 2024 “Dane A Hon. Daniel alabretta " UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28