(PC) Greer v. C.D.C.R. - Folsom State Prison et al

Filing 12

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING 11 Findings and Recommendations in full. Plaintiff's amended complaint is DISMISSED for failure to state a claim. CASE CLOSED. (Perdue, C.)

Case 2:22-cv-00007-KJM-CKD Document 12 Filed 01/17/23 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

RONNIE JOE GREER,

12
13
14
15
16

No. 2:22-cv-0007 KJM CKD P

Plaintiff,
v.

ORDER

C.D.C.R.-FOLSOM STATE PRISON,
et al.,
Defendants.

17
18

Plaintiff, a California prisoner proceeding pro se, has filed this civil rights action seeking

19

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

20

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

21

On October 11, 2022, the magistrate judge filed findings and recommendations, which

22

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

23

and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

24

the findings and recommendations.

25

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

26

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

27

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

28

by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
1

Case 2:22-cv-00007-KJM-CKD Document 12 Filed 01/17/23 Page 2 of 2
1

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

2

supported by the record and by the proper analysis.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. The findings and recommendations filed October 11, 2022 (ECF No. 11) are adopted

5
6
7
8
9

in full;
2. Plaintiff’s amended complaint is dismissed for failure to state a claim upon which
relief can be granted; and
3. This case is closed.
DATED: January 17, 2023.

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