Humes v. Sessions

Filing 20

ORDER signed by District Judge Troy L. Nunley on 12/18/19 ADOPTING 19 Findings and Recommendations. Plaintiff's First Amended Complaint is DISMISSED, without leave to amend, for failure to state a cognizable claim. CASE CLOSED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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No. 2:17-cv-02608-TLN-EFB
Plaintiff,

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v.

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JEFF SESSIONS,

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ORDER

Defendant.

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Plaintiff Jon Humes (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil

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rights action seeking relief pursuant to 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 October 9, 2019, 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. 19.) Plaintiff has

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not filed any 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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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 October 9, 2019 (ECF no. 19), are adopted

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in full;
2. Plaintiff’s First Amended Complaint is DISMISSED, without leave to amend, for
failure to state a cognizable claim; and

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3. The Clerk is directed to close this file.

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IT IS SO ORDERED.

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Dated: December 18, 2019

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Troy L. Nunley
United States District Judge

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