(PC) Levi v. Hill ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERIOLD B. LEVI, No. 2:19-CV-01162-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 RICK HILL, et al., 15 Defendants. 16 17 Plaintiff Geriold B. Levi (“Plaintiff”), a prisoner proceeding pro se, brings this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 3, 2019, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days. (ECF No. 14.) No objections to the 23 Findings and Recommendations have been filed. 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); see also 28 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations, filed October 3, 2019 (ECF No. 14), are adopted 5 in full; 6 2. Plaintiff’s 8th Amendment claim against Defendant Hill is DISMISSED, without leave 7 to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000); Ecological Rights Found. v. Pac. 8 Gas & Elec. Co., 713 F.3d 502, 520 (9th Cir. 2013); and 9 3. This action shall proceed on Plaintiff’s 8th Amendment claims against Defendants 10 Crawford and Buchanan. 11 IT IS SO ORDERED. 12 Dated: November 12, 2019 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28