(PC)Perez v. Moreland ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LISA BELYEW, No. 2:17-cv-0508 KJM AC P 12 Plaintiff, 13 v. ORDER 14 KORY L. HONEA, et al., 15 Defendants. 16 17 Plaintiff, a former pretrial detainee and current 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 30, 2020, the magistrate judge filed 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. ECF No. 26. Plaintiff has not 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 March 30, 2020 (ECF No. 26), are adopted in 5 full; 6 2. Plaintiff’s claims against defendant Honea are dismissed without leave to amend; and 7 3. This matter is referred back to the assigned magistrate judge for all further pretrial 8 proceedings. 9 DATED: June 3, 2020. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28