Harris v. California Correctional Center et al

Filing 13

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/21 ADOPTING in full 10 Findings and Recommendations and DISMISSING the complaint without leave to amend for failure to state a claim. CASE CLOSED (Kastilahn, A)

Case 2:17-cv-02621-KJM-AC Document 13 Filed 03/25/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES HARRIS,

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No. 2:17-cv-2621 KJM AC P

Plaintiff,
v.

ORDER

CALIFORNIA CORRECTIONAL
CENTER, et al.,
Defendants.

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided
by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 12, 2021, the magistrate judge filed findings and recommendations, which
were served on plaintiff and which contained notice to plaintiff that any objections to the findings
and recommendations were to be filed within twenty-one days. ECF No. 10. Plaintiff has not
filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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Case 2:17-cv-02621-KJM-AC Document 13 Filed 03/25/21 Page 2 of 2
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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 January 12, 2021, ECF No. 10, are adopted in

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full;

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2. The complaint is dismissed without leave to amend for failure to state a claim; and

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3. The clerk of court is directed to close this case.

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DATED: March 24, 2021.

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