(PC) Belmonte v. Winkfield ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL BELMONTE, No. 2:19-cv-1189 KJM AC P 12 Plaintiff, 13 v. ORDER 14 WINKFIELD, 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 as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 25 and September 17, 2020, the magistrate judge issued findings and 21 recommendations, which were served on plaintiff and which contained notice to plaintiff that any 22 objections to the findings and recommendations were to be filed within twenty-one days. (ECF 23 Nos. 24, 25). Plaintiff has not filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). 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 August 25, 2020 (ECF No. 24) and 5 || September 17, 2020 (ECF No. 25), are ADOPTED in full; 6 2. Plaintiff's motion for a preliminary injunction (see ECF No. 18 at 4) is DENIED; 7 3. This action is DISMISSED for failure to state a claim upon which relief may be 8 | granted. See 28 U.S.C. § 1915A(b)(1); and 9 4. The clerk of court is directed to close this case. 10 | DATED: March 30, 2021. 1] 12 ee B CHIEF ED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28