Corral v. Bouldin et al

Filing 36

ORDER signed by District Judge Troy L. Nunley on 1/10/20 ADOPTING 34 Findings and Recommendations. Plaintiff's Second Amended Complaint is DISMISSED for failure to state a claim upon which relief can be granted. CASE CLOSED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DYLAN SCOTT CORRAL,

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No. 2:18-cv-01629-TLN-CKD

Plaintiff,

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v.

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BOULDIN, et al.,

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ORDER

Defendants.

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Plaintiff Dylan Scott Corral (“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.

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On November 12, 2019, the magistrate judge filed findings and recommendations 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. 34.) On November 20,

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2019, Plaintiff filed objections to the findings and recommendations. (ECF No. 35.)

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This Court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the Court

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assumes its correctness and decides the motions on the applicable law. See Orand v. United
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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 Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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Having carefully reviewed the entire file under the applicable legal standards, the Court

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finds the Findings and Recommendations to be supported by the record and by the magistrate

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judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed November 12, 2019 (ECF No. 34), are

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adopted in full;
2. Plaintiff’s Second Amended Complaint is DISMISSED for failure to state a claim upon
which relief can be granted; and

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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: January 10, 2020

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Troy L. Nunley
United States District Judge

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