(PC) Merriman v. Harris ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOMINIQUE MERRIMAN, No. 2:19-cv-01444-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 LISA HARRIS, et al., 15 Defendants. 16 17 Plaintiff Dominique Merriman (“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 June 18, 2020, the magistrate judge filed findings and recommendations herein 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 (14) days. (ECF No. 16.) Plaintiff has not 23 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 June 18, 2020 (ECF No. 16), are adopted in 5 full; 6 2. Defendants Ponder, Telander, and Gates are DISMISSED from this action; and 7 3. This action shall proceed on Plaintiff’s remaining Eighth Amendment claim against 8 Defendant Harris. 9 IT IS SO ORDERED. 10 DATED: October 6, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28