(PC) Blackwell v. Jenkins ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY KARL BLACKWELL, No. 2:19-cv-00442-TLN-DB 12 Plaintiff, 13 v. ORDER 14 A. JENKINS, et al., 15 Defendants. 16 17 Plaintiff Rodney Karl Blackwell (“Plaintiff”), a 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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 27, 2021, 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. 59.) Plaintiff has not filed timely 23 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 July 27, 2021 (ECF No. 59), are ADOPTED 3 | IN FULL; 4 2. Plaintiffs Motion for Keep Away Order (ECF No. 46) is DENIED; and 5 3. This matter is referred back to the assigned magistrate judge for all further pretrial 6 | proceedings. 7 IT IS SO ORDERED. 8 | Dated: September 20, 2021 9 / 10 “ \/ Lu LN Troy L. Nunley> } 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28