Whitely v. Lebeck et al

Filing 23

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/20 ADOPTING 22 Findings and Recommendations. Plaintiff's first amended complaint 20 is dismissed without leave to amend for failure to state a claim. The Clerk of Court close this case. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EVERTON WHITELY,

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Plaintiff,

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No. 2:17-cv-2107 KJM AC

v.

ORDER

J. LEBECK, et al.,

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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 as provided

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

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On July 30, 2020, the magistrate judge filed findings and recommendations, which were

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

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recommendations were to be filed within twenty-one days. ECF No. 22. 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 States,

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

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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

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. . . .”). 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 July 30, 2020, are adopted in full;

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2. Plaintiff’s first amended complaint (ECF No. 20) is dismissed without leave to amend

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for failure to state a claim.
3. The Clerk of Court close this case.
DATED: October 15, 2020.

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