(PC) Leonard v. Zuniga et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FREDERICK E. LEONARD,
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Plaintiff,
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v.
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ZUNIGA, et al.,
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No. 2:19-cv-02594-TLN-AC
ORDER
Defendants.
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Plaintiff Frederick E. Leonard (“Plaintiff”), a former state prisoner proceeding pro se,
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filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a
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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 1, 2024, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within fourteen days. (ECF No. 55.) Plaintiff has
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not filed objections to the findings and recommendations.
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The Court presumes that any findings of fact are correct. See Orand v. United States, 602
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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
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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.
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Accordingly, IT IS HEREBY ORDERED as follows:
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1. The Findings and Recommendations (ECF No. 55) are ADOPTED IN FULL;
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2. This action is DISMISSED without prejudice for failure to prosecute. See Local Rule
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183(b); and
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3. Defendants’ Motion to Dismiss (ECF No. 43) is DENIED as moot.
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IT IS SO ORDERED.
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Date: September 24, 2024
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Troy L. Nunley
United States District Judge
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