(PC) Diaz v. Hurley ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL ENRIQUE DIAZ, No. 2:15-cv-2083 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 ASSOCIATE WARDEN HURLEY, et al., 15 Defendants. 16 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 July 3, 2019, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. On July 24, 2019, plaintiff was 23 granted thirty days in which to file objections. On August 26, 2019, plaintiff was granted an 24 additional fifteen days in which to file objections. This latest deadline has now passed, and no 25 party has filed objections to the findings and recommendations. 26 The court presumes that any findings of fact are correct. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 1 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 2 court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 3 supported by the record and by the proper analysis. 4 1. The findings and recommendations filed July 3, 2019, are adopted in full; and 5 2. Plaintiff’s motion to vacate (ECF No. 56) is denied. 6 DATED: September 30, 2019. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28