Blackman v. Dixon et al

Filing 10

ORDER signed by District Judge Kimberly J. Mueller on 10/8/19 ADOPTING 9 Findings and Recommendations in full, DISMISSING this action without prejudice. CASE CLOSED. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY BLACKMAN,

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Plaintiff,

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No. 2:18-cv-0079 KJM AC P

v.

ORDER

MR. R. DIXON, 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.
On September 10, 2019, the magistrate judge issued findings and recommendations,

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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 twenty-one days. ECF No. 9. Plaintiff has

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not 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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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 supported by

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the record and by the proper analysis.

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1. The findings and recommendations issued September 10, 2019 (ECF No. 9) are
ADOPTED in full, and
2. This action is DISMISSED without prejudice.
DATED: October 8, 2019.

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UNITED STATES DISTRICT JUDGE

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