(PC) Smith v. Municipality of Fresno County et al

Filing 137

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/20/2023 ADOPTING in FULL 122 Findings and Recommendations, and DENYING 120 Plaintiff's Petition for a Writ of Mandate. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY PAUL SMITH,

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No. 2:21-cv-01992 KJM AC P

Plaintiff,
v.

ORDER

MUNICIPALITY OF FRESNO COUNTY,
et al.,
Defendants.

Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action
seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On November 3, 2022, the magistrate judge issued findings and recommendations, which
were served on all parties and which contained notice to all parties that any objections to the
findings and recommendations were to be filed within fourteen days. ECF No. 122. Neither
party has filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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 issued November 3, 2022 (ECF No. 122), are

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ADOPTED in full, and
2. Plaintiff’s petition for a writ of mandate (ECF No. 120) is DENIED.
DATED: March 20, 2023.

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