(PC) Wells v. CDCR Employees et al

Filing 18

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/11/2020 ADOPTING 15 the findings and recommendations filed 4/10/2020 in full; and DISMISSING this action without prejudice. CASE CLOSED. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JESSE C. WELLS,

12

Plaintiff,

13
14

No. 2:19-cv-2625 KJM CKD P

v.

ORDER

CDCR EMPLOYEES, et al.,

15

Defendants.

16
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

17
18

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

19

by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On April 10, 2020, the magistrate judge filed findings and recommendations herein, which

21

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

22

and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

23

the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

24
25

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

26

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

27

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

28

/////
1

1

. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

2

supported by the record and by the proper analysis.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. The findings and recommendations filed April 10, 2020 are adopted in full; and

5

2. This action is dismissed without prejudice.

6

DATED: September 11, 2020.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2