(PC) Handford v. Yap

Filing 11

ORDER signed by District Judge Troy L. Nunley on 11/18/2021 ADOPTING 10 Findings and Recommendations in full, DISMISSING this action for failure to prosecute, failure to comply with Court orders, and failure to state a claim for the reasons set forth in the 5 Order. CASE CLOSED. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID HANDFORD, 12 No. 2:21-cv-00115-TLN-JDP Plaintiff, 13 v. 14 V. YAP, 15 ORDER Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 17, 2021, 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. 10.) 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 Having reviewed the file, the Court finds the findings and recommendations to be supported by 1 1 the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed September 17, 2021, (ECF No. 10), are 4 5 6 7 8 adopted in full; 2. This action is dismissed for failure to prosecute, failure to comply with Court orders, and failure to state a claim for the reasons set forth in the March 9, 2021 order; and 3. The Clerk of Court is directed to close the case. DATED: November 18, 2021 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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