(PC) Wilson v. Beard ( 2019 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 JASPER F. WILSON, No. 1:15-cv-1424 KJM DB P 13 Plaintiff, 14 v. ORDER 15 JEFFREY A. BEARD, 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 August 29, 2019, the magistrate judge filed findings and recommendations, which 22 were served on all parties and which contained notice to all parties that any objections to the 23 findings and recommendations were to be filed within fourteen days. Neither party has filed 24 objections to the 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 August 29, 2019 (ECF No. 38) are adopted in 5 full; and 6 2. This action is stayed pending the Ninth Circuit’s resolution of the interlocutory appeal 7 in Rico v. Beard, No. 2:17-cv-1402 KJM DB P. 8 DATED: September 24, 2019. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28