(PC) Hicks v. Davis ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL J. HICKS, No. 2:19-cv-2424 MCE CKD P 12 Plaintiff, 13 v. ORDER 14 MARK DAVIS, 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 17, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 8. Plaintiff has 23 not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the Court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. MADE 2 LDU VM ENTE IVINS RN INEZ MUO tw PO ete OY Ov | 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 17, 2020, (ECF No. 8) are ADOPTED 3 | in full; 4 2. Plaintiffs Fourteenth Amendment claim is DISMISSED; and 5 3. This case shall proceed on Plaintiff's Eighth Amendment claims. 6 IT IS SO ORDERED. 7 Dated: April 21, 2020 8 □ 9 MORRISON C. he UNITED STATES DISTRI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28