(PC) Singh v. Nicolas ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BALJIT SINGH, No. 2:18-cv-1852 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 AGUILERA NICOLAS, 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 November 27, 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. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed November 27, 2019, are adopted in full; 5 2. Defendant Nicolas’s summary judgment motion (ECF No. 45) is granted on the 6 grounds that plaintiff failed to exhaust administrative remedies and, on the grounds, that plaintiff 7 did not have a serious medical need; and 8 3. The clerk of court shall close this case. 9 DATED: March 3, 2020. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28