(PC) Yocom v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ALLEN YOCOM, No. 2:21-cv-00311-TLN-DB 12 Plaintiff, 13 v. ORDER 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 17 Plaintiff Michael Allen Yocom (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 September 30, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 23) Plaintiff has 23 filed objections to the findings and recommendations, but makes conclusory allegations and fails 24 to establish he is not receiving health care or is unable to submit health care grievances. (See 25 ECF No. 24.) 26 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 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: 4 1. The Findings and Recommendations filed September 30, 2021 (ECF No. 23), are 5 | ADOPTED IN FULL; and 6 2. Plaintiffs Motion for an Emergency Hearing (ECF No. 6) is DENIED. 7 IT IS SO ORDERED. 8 | Dated: September 20, 2021 9 /) 40) hele 11 —ZAK ZEN Troy L. Nunley> } 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28