(PC) Rowley v. Allison et al

Filing 12

ORDER signed by District Judge Troy L. Nunley on 3/27/2024 ADOPTING 11 Findings and Recommendations in full and DISMISSING this action without prejudice. CASE CLOSED. (Clemente Licea, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MATTHEW DERRICK ROWLEY,

12
13

No. 2:23-cv-0648-TLN-CKD

Plaintiff,
v.

ORDER

14

KATHLEEN ALLISON, 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.

20

On February 14, 2024, the magistrate judge filed findings and recommendations herein

21

which were served on Plaintiff, and which contained notice to Plaintiff that any objections to the

22

findings and recommendations were to be filed within fourteen days. (ECF No. 11.) The time to

23

file objections has passed, and neither party filed any objections.

24

The Court presumes that any findings of fact are correct. See Orand v. United States, 602

25

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

26

See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

27

the file, the Court finds the findings and recommendations to be supported by the record and by

28

the magistrate judge’s analysis.
1

1
2
3

Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations, filed on February 14, 2024, (ECF No. XX)
are ADOPTED IN FULL;

4

2. This action is DISMISSED without prejudice; and

5

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

6

Date: March 27, 2024

7
8
9
10

Troy L. Nunley
United States District Judge

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