(PC) Howell v. Schubert ( 2019 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 KAREEM J. HOWELL, No. 2:19-cv-0266 KJM KJN P 13 Plaintiff, 14 v. ORDER 15 ANNE MARIE SCHUBERT, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 06, 2019, the magistrate judge filed findings and recommendations, which were 22 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 23 recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the 24 findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 28 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 1 Having reviewed the file, the court finds the findings and recommendations to be supported by 2 the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 06, 2019, are adopted in full; 5 2. Defendants O’Rilley and Baughman are dismissed; and 6 3. This matter is referred back to the assigned magistrate judge for all further pretrial 7 proceedings. 8 DATED: August 9, 2019. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28