(PC) Coleman v. California Department of Corrections and Rehabilitation ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT E. COLEMAN, No. 2:19-cv-01811-TLN-AC 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff Robert E. Coleman (“Plaintiff”), a state prisoner proceeding pro se, has filed this 19 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 29, 2020, the magistrate judge filed findings and recommendations herein which 22 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 23 and recommendations were to be filed within fourteen days. (ECF No. 7.) Plaintiff has not filed 24 objections to the findings and recommendations. 25 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 28 1983); see also 28 U.S.C. § 636(b)(1). 1 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 29, 2020 (ECF No. 7), are ADOPTED IN 5 FULL; 6 2. Plaintiff’s motions to proceed in forma pauperis (ECF No. 4) is DENIED and Plaintiff 7 is ordered to pay the entire $400.00 in required fees within thirty days or face dismissal of the 8 case; and 9 3. Plaintiff’s motion for temporary restraining order or preliminary injunction (ECF No. 10 2) is DENIED. 11 IT IS SO ORDERED. 12 DATED: October 6, 2020 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28