(PC) Leonard v. Zuniga et al

Filing 56

ORDER signed by Chief District Judge Troy L. Nunley on 9/24/24 ADOPTING in FULL 55 Findings and Recommendations and DISMISSING this action without prejudice for failure to prosecute. Defendants' 43 Motion to Dismiss is DENIED as moot. CASE CLOSED. (Salmeron, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

FREDERICK E. LEONARD,

12

Plaintiff,

13

v.

14

ZUNIGA, et al.,

15

No. 2:19-cv-02594-TLN-AC

ORDER

Defendants.

16
17

Plaintiff Frederick E. Leonard (“Plaintiff”), a former state prisoner proceeding pro se,

18

filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a

19

United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On April 1, 2024, the magistrate judge filed findings and recommendations herein which

21

were served on all parties and which contained notice to plaintiff that any objections to the

22

findings and recommendations were to be filed within fourteen days. (ECF No. 55.) Plaintiff has

23

not filed objections to the findings and recommendations.

24

The Court presumes that any findings of fact are correct. See Orand v. United States, 602

25

F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

26

See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

27
28

The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.
1

1

Accordingly, IT IS HEREBY ORDERED as follows:

2

1. The Findings and Recommendations (ECF No. 55) are ADOPTED IN FULL;

3

2. This action is DISMISSED without prejudice for failure to prosecute. See Local Rule

4

183(b); and

5

3. Defendants’ Motion to Dismiss (ECF No. 43) is DENIED as moot.

6

IT IS SO ORDERED.

7

Date: September 24, 2024

8
9
10
11

Troy L. Nunley
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2