Opinion
2:23-cv-0811 WBS KJN P
11-16-2023
MICHAEL B. McPHERSON, Plaintiff, v. J. GREENE, CCI, et al., Defendants.
ORDER
WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 28, 2023, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff did not filed objections to the findings and recommendations.
On October 19, 2023, plaintiff filed a document styled, “Motion for Relief for Abuse of Process.” (ECF No. 23.) However, plaintiff does not address his failure to amend. Rather, plaintiff continues to claim he is entitled to default judgment. (Id., see also ECF Nos. 19, 21.) Plaintiff is mistaken.
The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed September 28, 2023, are adopted in full; and
2. This action is dismissed without prejudice. See Local Rule 110; Fed.R.Civ.P. 41(b).