(PC) Mosley v. Cargill et al

Filing 18

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/9/2020 ADOPTING 17 Findings and Recommendations in full and DISMISSING Case without prejudice. CASE CLOSED. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MELAN J. MOSLEY,

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Plaintiff,

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No. 2:19-cv-00393-KJM-CKD

v.

ORDER

STEVE CARGILL, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 21, 2020, the magistrate judge filed findings and recommendations herein 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. Plaintiff has not filed objections to

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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 21, 2020, are adopted in full.

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2. This action is dismissed without prejudice.

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3. The Clerk of the Court is directed to close the file.

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DATED: September 9, 2020.

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