(PC) Bennett v. Burton et al

Filing 50

ORDER signed by Senior Judge William B. Shubb on 01/17/2023 ADOPTING 45 Findings and Recommendations in full. Defendant Burton is DISMISSED from this action with prejudice. (Rodriguez, E)

Case 2:21-cv-01340-WBS-KJN Document 50 Filed 01/18/23 Page 1 of 2
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JONATHAN BENNETT,

12
13
14
15

No. 2:21-cv-1340 WBS KJN P

Plaintiff,
v.

ORDER

ROBERT BURTON, et al.,
Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, 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 December 12, 2022, the magistrate judge filed findings and recommendations herein

21

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

22

the findings and recommendations were to be filed within twenty-one days. Neither party filed

23

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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having

27

reviewed the file, the court finds the findings and recommendations to be supported by the record

28

and by the magistrate judge’s analysis.
1

Case 2:21-cv-01340-WBS-KJN Document 50 Filed 01/18/23 Page 2 of 2
1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed December 12, 2022, are adopted in full; and

3

2. Defendant Burton is dismissed from this action with prejudice.

4

Dated: January 17, 2023

5
6
7

/benn21cv1340.801

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