(PC) Watts v. Abernathy ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VERNELL WATTS, No. 2:19-cv-00715-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 J. ABERNATHY, et al., 15 Defendants. 16 17 Plaintiff (“Vernell Watts”), a prisoner proceeding pro se, brings this civil rights action 18 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 4, 2019, the magistrate judge filed findings and recommendations which were 21 served on the parties and which contained notice that the parties may file objections within the 22 time specified therein. (ECF No. 28.) Neither party has filed objections to the Findings and 23 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); 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 4, 2019 (ECF No. 28), are adopted 5 in full; and 6 2. Plaintiff’s Motion for Preliminary Injunction (ECF No. 24) is DENIED. 7 IT IS SO ORDERED. 8 Dated: December 18, 2019 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28