(PC) Womack v. Baughman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY JEROME WOMACK, No. 2:17-cv-02708-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 DAVID BAUGHMAN, Warden, et al., 15 Defendants. 16 17 Plaintiff Rodney Jerome Womack (“Plaintiff”), a state prisoner proceeding pro se, has 18 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 25, 2020, the magistrate judge filed findings and recommendations which 21 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 32.) On March 12, 2020, 23 Plaintiff filed Objections to the Findings and Recommendations. (ECF No. 33.) 24 This Court reviews de novo those portions of the proposed findings of fact to which 25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 27 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed 28 findings of fact to which no objection has been made, the Court assumes its correctness and 1 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 2 Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 3 Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 Having carefully reviewed the entire file under the applicable legal standards, the Court 5 finds the Findings and Recommendations to be supported by the record and by the magistrate 6 judge’s analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations filed February 25, 2020 (ECF No. 32), are 9 adopted in full; 10 2. Plaintiff’s requests to proceed in forma pauperis (ECF Nos. 6, 30) are DENIED; and 11 3. Plaintiff is required to submit the appropriate filing fee within twenty-one days of the 12 electronic filing of this Order. 13 IT IS SO ORDERED. 14 DATED: April 6, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28