(PC) Kelly v. Newsom et al

Filing 15

ORDER signed by Chief District Judge Troy L. Nunley on 09/24/2024 ADOPTING 11 Findings and Recommendations IN FULL; DISMISSING this action without prejudice for lack of prosecution and failure to comply with court rules and Orders; and DENYING 4 Motion for Injunctive Relief as MOOT. CASE CLOSED. (Lopez, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES CARL KELLY,

12
13
14

No. 2:23-cv-02581-TLN-DMC-P

Plaintiff,
v.

ORDER

GAVIN NEWSOM, et al.,

15

Defendants.

16
17

Plaintiff James Carl Kelly (“Plaintiff”), a prisoner proceeding pro se, brings this civil

18

rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate

19

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On July 2, 2024, the magistrate judge filed findings and recommendations herein which

21

were served on the parties, and which contained notice that the parties may file objections within

22

the time specified therein. (ECF No. 11.) Plaintiff filed a timely objection on August 16, 2024.

23

(ECF No. 12.)

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).

27
28

The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.
1

1

Accordingly, IT IS HEREBY ORDERED as follows:

2
3

1.
ADOPTED IN FULL;

4
5

2.

8
9
10

This action is DISMISSED without prejudice for lack of prosecution and

failure to comply with court rules and orders;

6
7

The Findings and Recommendations filed July 2, 2024 (ECF No. 11), are

3.

Plaintiff's Motion for Injunctive Relief (ECF No. 4) is DENIED as moot;

4.

The Clerk of the Court is directed to enter judgment and close this file.

and

IT IS SO ORDERED.
Date: September 24, 2024

11
12
13
14

Troy L. Nunley
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2