Bell v. Martel et al

Filing 26

ORDER signed by District Judge Morrison C. England, Jr. on 4/25/2018 FINDINGS AND RECOMMENDATIONS 22 are ADOPTED in FULL; the claims against defendants Michael Martel, John Sanzberro and C. Shirley, as well as the retaliation claim against defendant Copeland are DISMISSED without leave to amend for failing to state a claim upon which relief can be granted.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL XAVIER BELL,

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No. 2:17-cv-00063 MCE CKD P

Plaintiff,
v.

ORDER

MICHAEL MARTEL, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 13, 2018, the magistrate judge filed findings and recommendations herein

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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. ECF No. 22. Plaintiff has

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not filed objections to the findings and recommendations.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having

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reviewed the file, the Court finds the findings and recommendations to be supported by the record

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 13, 2018, ECF No. 22, are ADOPTED

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IN FULL; and
2. The claims against defendants Michael Martel, John Sanzberro, and C. Shirley, as well

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as the retaliation claim against defendant Copeland are DISMISSED without leave to amend for

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failing to state a claim upon which relief can be granted.

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IT IS SO ORDERED.
Dated: April 25, 2018

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