(PC) Palacios v. Smith ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE PALACIOS, No. 2:17-cv-02500-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 KEVIN SMITH, et al., 15 Defendants. 16 17 Plaintiff Jorge Palacios, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 21, 2019, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. (ECF No. 52.) 23 Neither party has filed objections to the Findings and Recommendations. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983). Having reviewed the file, the Court finds the Findings and Recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed August 21, 2019 (ECF No. 52), are adopted 3 in full; 4 2. Plaintiff’s motion for temporary restraining order or preliminary injunction, titled 5 “Motion for Injunction of Temporary Restraining Order” (ECF No. 51), is DENIED. 6 IT IS SO ORDERED. 7 Dated: October 4, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28