Flournoy v. Sacramento County Sheriff Dept et al
Filing
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ORDER signed by Judge Kimberly J. Mueller on 6/20/2013 FINDINGS AND RECOMMENDATIONS 24 are ADOPTED in FULL; and plaintiff's first amendment claim against defendant Richard Bauer is DISMISSED without leave to amend.(Reader, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES HENRY FLOURNOY,
Plaintiff,
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vs.
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No. 2:11-cv-2844 KJM EFB P
ERIC MANNESS, et al.,
Defendants.
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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 12, 2013, the magistrate judge filed findings and recommendations,
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which were served on plaintiff and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has not filed
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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United
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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). Having carefully reviewed the file, the court finds the findings and recommendations to
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be supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed March 12, 2013, are adopted in full;
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and
2. Plaintiff’s First Amendment claim against defendant Bauer is dismissed
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without leave to amend.
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DATED: June 20, 2013.
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UNITED STATES DISTRICT JUDGE
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