“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°
How later courts described this case
- “[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 ARSENIO RUSSHON MORGAN, No. 2:20-cv-01433-KJM-JDP (PC)
12 Plaintiff,
13 v. ORDER
14 MICHAEL BROWN, et al.,
15 Defendants.
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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 as provided
19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20 On February 22, 2021, the magistrate judge filed findings and recommendations, which
21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings
22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to
23 the findings and recommendations.
24 The court presumes that any findings of fact are correct. See Orand v. United States,
25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
28 /////
1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be
2 || supported by the record and by the proper analysis.
3 Accordingly, IT IS HEREBY ORDERED that:
4 1. The findings and recommendations filed February 22, 2021, are adopted in full;
5 2. This action is dismissed for failure to prosecute, failure to comply with court orders,
6 || and failure to state a claim for the reasons set forth in the September 29, 2020 order; and
7 3. The Clerk of Court be directed to close the case.
8 | DATED: March 25, 2021
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10 ( ti / ¢ q_/
"1 CHIEF NT] ED STATES DISTRICT JUDGE
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