(PC) Soto v. California Health Care Facility et al

Filing 12

ORDER signed by Chief District Judge Kimberly J. Mueller on 11/14/2023 ADOPTING 11 The Findings and Recommendations in full; The complaint is DISMISSED without prejudice for failure to state a claim; and The Clerk of Court is directed to close the case. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ABELARDO SOTO,

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No. 2:23-cv-00918-KJM-EFB (PC)

Plaintiff,
v.

ORDER

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has 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.

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On October 2, 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 fourteen days. Plaintiff has not filed objections to

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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 October 2, 2023, are adopted in full;

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2. The complaint is dismissed without prejudice for failure to state a claim; and

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

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DATED: November 14, 2023.

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