(PC) Ben-Binyamin v. Benavidez ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELI’EZER RE’UEL BEN-BINYAMIN, No. 2:18-cv-01015-KJM-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 C. RAMIREZ, 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 February 17, 2021, the magistrate judge filed findings and recommendations, 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. No party has filed 23 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 filed February 17, 2021, are adopted in full; 5 2. Defendants’ motion for summary judgment, ECF No. 47, is granted, and all claims 6 || other than those against defendant Akemon arising out of the incident on August 29, 2016, and 7 || those against Ramirez and Hanley arising out of the incident on September 11, 2017, are 8 | dismissed without prejudice as unexhausted; 9 3. Plaintiff’s motion for continuance, ECF No. 51, is denied; 10 4. Plaintiff's motion to amend, ECF No. 53, is denied; and 11 5. This matter is referred back to the assigned magistrate judge for all further pretrial 12 || proceedings. 13 | DATED: June 24, 2021. 14 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28