(PC) Murray v. Holmes et al

Filing 31

ORDER signed by Chief District Judge Kimberly J. Mueller on 7/28/2022 ADOPTING 30 The Findings and Recommendations in full. This action is DISMISSED without prejudice pursuant to FRCP 41(b). CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL CATANO MURRAY,

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Plaintiff,

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No. 2:21-cv-0214 KJM KJN P

v.

ORDER

B. HOLMES,

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Defendants.

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

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

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

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On June 13, 2022, the magistrate judge filed findings and recommendations, which were

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

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and recommendations were to be filed within fourteen days. Neither party filed objections to the

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

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

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

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

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

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 13, 2022, are adopted in full; and

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2. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure

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41(b).

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DATED: July 28, 2022.

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