(PC) Johnson v. Beard ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DAVID JOHNSON, No. 2:15-cv-01313-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 J.A. BEARD, et al., 15 Defendants. 16 17 Plaintiff Paul David Johnson (“Plaintiff”), a state prisoner proceeding pro se, filed this 18 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 August 9, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. (ECF No. 159.) 23 Neither party filed timely objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 27 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed August 09, 2021 CECF No. 159), are 3 | ADOPTED IN FULL; 4 2. Plaintiffs Motion for Default Judgment (ECF No. 144) is DENIED with prejudice as 5 | to Defendant K. Collinsworth (“Collinsworth”) and without prejudice as to Defendant Binoye 6 | Naku; 7 3. Collinsworth’s Motion to Set Aside Clerk’s Default (ECF No. 140) is GRANTED; 8 4. The Clerk of the Court is directed to set aside the Clerk’s Entry of Default on April 27, 9 | 2021 (ECF No. 137); and 10 5. Within seven days from the date of this Order, Collinsworth shall file a responsive 11 | pleading. 12 IT IS SO ORDERED. 13 | Date: October 7, 2021 14 { ff /) 15 “ Mn Voskou 16 Troy L. Nuhlep ] United States District Judge 18 19 20 21 22 23 24 25 26 27 28