(PC) Goins v. Rutherford ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND LEE GOINS, No. 2:18-cv-01750-TLN-AC 12 Plaintiff, 13 v. ORDER 14 D. RUTHERFORND, et al., 15 Defendants. 16 17 Plaintiff Raymond Lee Goins (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 11, 2019, the magistrate judge filed findings and recommendations which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 35.) Neither 23 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); 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 December 11, 2019 (ECF No. 35), are 5 adopted in full; 6 2. Defendants’ Motion for Summary Judgment (ECF No. 30) is GRANTED; 7 3. Plaintiff’s claims against Defendants Hard, Saavedra, and Saelee are DISMISSED, 8 with prejudice, due to Plaintiff’s failure to exhaust his administrative remedies against them 9 before commencing this action, see 42 U.S.C. § 1997e(a), and Plaintiff’s failure to oppose 10 Defendants’ motion, see Local Rule 230(1), Fed. R. Civ. P. 41(b); and 11 4. This action shall proceed on Plaintiff’s claims that Defendants Rutherford and 12 Elizarraras used excessive force against Plaintiff in violation of the Eighth Amendment. 13 IT IS SO ORDERED. 14 Dated: January 8, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28