(PC) Stonum v. Peery

Filing 18

ORDER signed by District Judge Troy L. Nunley on 2/15/2021 ADOPTING 17 Findings and Recommendations in full, and DISMISSING this action without prejudice for the reasons set forth in 7 Screening Order. CASE CLOSED. (Huang, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN STONUM, 12 No. 2:20-cv-01992-TLN-EFB Plaintiff, 13 v. 14 SUSAN PEERY, 15 ORDER Defendant. 16 Plaintiff Melvin Stonum (“Plaintiff”), a state prisoner, proceeds without counsel in an 17 18 action brought under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 21, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 17.) Plaintiff has 23 not filed objections to the findings and recommendations. The Court presumes that any findings of fact are correct. See Orand v. United States, 602 24 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 /// 1 1 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed December 21, 2020 (ECF No. 17), are 5 6 7 8 9 ADOPTED IN FULL; and 2. This action is DISMISSED without prejudice for the reasons set forth in the October 16, 2020 Screening Order (ECF No. 7). IT IS SO ORDERED. Dated: February 15, 2021 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?