(PC) Foster v. White

Filing 21

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/15/2022 ADOPTING in FULL 20 Findings and Recommendations. DISMISSING 18 Amended Complaint without leave to amend for failure to state a cognizable claim, and the Clerk of Court is directed to close this case. CASE CLOSED(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN LEE FOSTER,

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Plaintiff,

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v.

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STEVE WHITE,

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No. 2:21-cv-00388-KJM-JDP (PC)

ORDER

Defendant.

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Plaintiff, a state prisoner proceeding pro se, has 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 May 13, 2022, the magistrate judge filed findings and recommendations, which were

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

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recommendations were to be filed within fourteen days. No objections were filed.

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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 May 13, 2022, are adopted in full;

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2. Plaintiff’s amended complaint, ECF No. 18, is dismissed without leave to amend for

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failure to state a cognizable claim; and
3. The Clerk of Court is directed to close this case.
DATED: September 15, 2022.

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