(PC) Colbourn v. California Courts ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORRIN TYLER COLBOURN, No. 2:20-cv-0725 KJM DB P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA COURTS, et al., 15 Defendants. 16 17 Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 15, 2020, the magistrate judge issued findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within thirty days. (See ECF No. 33). Plaintiff has filed 23 belated objections to the findings and recommendations, which despite their lateness the court has 24 considered. (ECF No. 40.) 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] 1 court. . . .”). 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 issued July 15, 2020 (ECF No. 33), are ADOPTED 5 in full, and 6 2. Plaintiff’s motion for a temporary restraining order, docketed July 9, 2020 (ECF 7 No. 29), is DENIED. 8 DATED: October 15, 2020. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28