(PC) Gomes v. Mathis, et al

Filing 75

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/7/2022 ADOPTING 73 Findings and Recommendations in full, DISMISSING this action pursuant to Fed. R. Civ. P. 25(a)(1). CASE CLOSED. (Coll, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE E. GOMES,

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Plaintiff,

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No. 2:19-CV-1499-KJM-DMC-P

v.

ORDER

MARIANA LOTASZTAIN, et al.,

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Defendants.

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Plaintiff, a former prisoner proceeding pro se, brought this civil rights action under

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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Eastern District of California local rules. Defendants filed a suggestion of plaintiff’s death on

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August 5, 2021, ECF No. 69, and since that time no one has substituted into the case on his

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behalf.
On November 30, 2021, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.

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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
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reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations

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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]

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court . . . .”). 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 November 30, 2021, are adopted

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2.

This action is dismissed pursuant to Fed. R. Civ. P. 25(a)(1); and

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3.

The Clerk of the Court is directed to enter judgment and close this file.

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in full;

DATED: January 7, 2022.

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