Opinion
2:19-cv-02492-TLN-KJN
07-07-2021
JEREMIAH SIMMONS, Plaintiff, v. PIA MANAGER ALCANTARA, Defendant.
ORDER
Troy L. Nunley, United States District Judge
Plaintiff Jeremiah Simmons (“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 May 4, 2021, 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. (ECF No. 26.) Plaintiff has not filed objections to the findings and recommendations.
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).
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.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations filed May 4, 2021 (ECF No. 26), are ADOPTED IN FULL; and
2. Plaintiffs First and Fourteenth Amendment claims are DISMISSED without prejudice.
IT IS SO ORDERED.