(PC) Parker v. Lynch et al

Filing 20

ORDER signed by Chief District Judge Kimberly J. Mueller on 02/05/24 ADOPTING 19 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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MELVIN A. PARKER,

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Plaintiff,

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No. 2:23-cv-00503 KJM KJN P

v.

ORDER

JEFF LYNCH, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief

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

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 29, 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

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

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objections to the findings and recommendations.
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 29, 2023 (ECF No. 19), are

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adopted in full; and
2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
DATED: February 5, 2024.

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