(PC) Kavik v. Saucedo et al

Filing 32

ORDER signed by Senior Judge William B. Shubb on 01/17/2023 ADOPTING 17 Findings and Recommendations in full. This action is DISMISSED as against defendants Knight, Holmes and Moseley. (Rodriguez, E)

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Case 2:21-cv-01401-WBS-CKD Document 32 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 ERHAN KAYIK, 12 Plaintiff, 13 14 No. 2:21-cv-1401 WBS CKD P v. ORDER E. SAUCEDO, et al., 15 Defendants. 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. On October 20, 2022, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that he could file 22 objections. The time for filing objections has expired and plaintiff has not filed objections. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 602 24 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 25 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 26 reviewed the file, the court finds the findings and recommendations to be supported by the record 27 and by the magistrate judge’s analysis. 28 ///// 1 Case 2:21-cv-01401-WBS-CKD Document 32 Filed 01/18/23 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 20, 2022 are adopted in full; and 3 2. This action is dismissed as against defendants Knight, Holmes and Moseley. 4 Dated: January 17, 2023 5 6 7 8 9 10 kayi1401.jo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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