McCurdy v. Rivero, et al

Filing 39

ORDER signed by District Judge Troy L. Nunley on 8/26/2020 ADOPTING 38 Findings and Recommendations in full, DISMISSING this action without prejudice for lack of prosecution. CASE CLOSED. (Coll, A)

Case 2:17-cv-01449-TLN-AC Document 39 Filed 08/27/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES C. McCURDY,

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Plaintiff,

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No. 2:17-cv-01449-TLN-AC

v.

ORDER

M. RIVERO, et al.,

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Defendants.

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Plaintiff James C. McCurdy (“Plaintiff”), a state prisoner proceeding pro se, has filed this

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civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 23, 2020, the magistrate judge filed findings and recommendations herein which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. (ECF No. 38.) Plaintiff has not filed

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objections to the findings and recommendations.
Accordingly, the Court presumes that any findings of fact are correct. See Orand v.

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United 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); see also 28 U.S.C. § 636(b)(1).

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Case 2:17-cv-01449-TLN-AC Document 39 Filed 08/27/20 Page 2 of 2
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Having reviewed the file under the applicable legal standards, the Court finds the Findings
and Recommendations to be supported by the record 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 July 23, 2020 (ECF No. 38), are adopted in

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full; and
2. This action is DISMISSED without prejudice for lack of prosecution. E.D. Cal. L.R.
110; Fed. R. Civ. P. 41(b).

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3. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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DATED: August 26, 2020

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Troy L. Nunley
United States District Judge

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