(PC) Taylor v. Medina ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH LEE TAYLOR, No. 2:19-cv-00450-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 KUERSTON, et al., 15 Defendants. 16 17 Plaintiff Kenneth Lee Taylor (“Plaintiff”), a state prisoner proceeding through counsel, 18 has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to 19 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 08, 2020, the magistrate judge filed findings and recommendations herein 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. 77.) 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 July 08, 2020 (ECF No. 77), are adopted in 5 full; 6 2. Defendants’ Motion for Summary Judgment (ECF No. 45) is DENIED as to the claim 7 that Defendants violated Plaintiff’s Eighth Amendment rights when they allegedly threw him to 8 the ground; Defendants’ motion is GRANTED as to all other claims. 9 IT IS SO ORDERED. 10 DATED: August 25, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28