(PC) Ruiz v. Hubbard et al

Filing 11

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/13/2020 ADOPTING in full 9 Findings and Recommendations and DISMISSING this action without prejudice. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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No. 2:19-cv-2351 KJM KJN P

Plaintiff,
v.

ORDER

A. HUBBARD, et al.,
Defendant.

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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.

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On January 3, 2020, the magistrate judge filed findings and recommendations, which were

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served on plaintiff and which contained notice to plaintiff that any objections to the findings and

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recommendations were to be filed within fourteen days. Plaintiff has filed objections to the

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findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis. The

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court notes plaintiff’s objection that he does not speak English and requires a Spanish language

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interpreter, but he has no right to an interpreter in this civil action. “[T]he expenditure of public
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funds [on behalf of an indigent litigant’ is proper only when authorized by Congress. . . .” Tedder

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v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) (quoting United States v. MacCollom, 426 U.S.

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317, 321 (1976)). No act of Congress authorizes the expenditure of public funds for interpreters

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in civil actions.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 3, 2020, are adopted in full; and

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2. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(b).

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DATED: September 13, 2020.

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/ruiz2351.804

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