Alford v. Kernan, et al.

Filing 87

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/23 ADOPTING in full 86 Findings and Recommendations and DISMISSING this action without prejudice for lack of prosecution and failure to comply with court rules and orders. CASE CLOSED(Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID PATRICK ALFORD,

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No. 2:16-cv-01305-KJM-DMC-P

Plaintiff,

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v.

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SCHUMAKER,

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ORDER

Defendant.

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Plaintiff, a prisoner proceeding pro se,1 brings this civil rights action under

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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Eastern District of California local rules.
On February 2, 2023, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.
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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations

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Counsel was previously appointed for the limited purpose of settlement. ECF No. 73. The case did not settle. ECF
No. 84.

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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]

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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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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 February 2, 2023, are adopted in

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This action is dismissed without prejudice for lack of prosecution and

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full;

failure to comply with court rules and orders; and
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The Clerk of the Court is directed to enter judgment and close this file.

DATED: March 31, 2023.

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