Harris v. Fernan et al

Filing 121

ORDER signed by District Judge Troy L. Nunley on 1/24/2022 ADOPTING in FULL 120 Findings and Recommendations. GRANTING 109 Motion for Summary Judgment, and this action is DISMISSED. CASE CLOSED(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYDE HOLLIS HARRIS,

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No. 2:17-cv-00680-TLN-KJN

Plaintiff,
v.

ORDER

S. KERNAN, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, 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 November 18, 2021, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. (ECF No. 5.) Neither

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party 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 reviewed

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

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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 November 18, 2021, (ECF No. 5), are adopted

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in full;

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2. Defendant’s motion for summary judgment (ECF No. 109) is granted; and

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3. This action is dismissed.

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DATED: January 24, 2022

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Troy L. Nunley
United States District Judge

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