(PC) Cortijo v. St. Andre et al

Filing 14

ORDER signed by Chief District Judge Kimberly J. Mueller on 02/05/24 ADOPTING 13 Findings and Recommendations in full and DISMISSING this action without prejudice. CASE CLOSED (Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEANGELO CORTIJO,

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No. 2:23-cv-00454 KJM DB P

Plaintiff,
v.

ORDER

ST. ANDRE, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C.

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§ 1983. Plaintiff claims that defendants denied him the ability to make phone calls, retaliated

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against him, and discriminated against him in violation of his constitutional rights. The matter

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was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.

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On December 5, 2023, the magistrate judge filed findings and recommendations, which

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

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and recommendations were to be filed within twenty-one days. Plaintiff has not filed objections

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to the findings and recommendations.

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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 December 5, 2024, are adopted in full;

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2. This action is dismissed without prejudice; and

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3. The Clerk of the Court is directed to close this case.

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DATED: February 5, 2024.

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/cort0454.800

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