(PC) Driver v. Chavez ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY DRIVER, JR., No. 2:22-CV-01447-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 CHAVEZ, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. 18 § 1983. The matter was referred to a United States Magistrate Judge as provided by to Eastern 19 District of California local rules. 20 On November 21, 2022, the Magistrate Judge filed findings and recommendations, which 21 were served on the parties and which contained notice that the parties may file objections within 22 the time specified therein. No objections to the findings and recommendations have been filed. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 25 novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by 26 the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED: 2 1. The findings and recommendations filed November 21, 2022, ECF No. 17, are 3 adopted in full; 4 2. Plaintiffs motion for injunctive relief, ECF No. 5, is denied without prejudice; and 5 3. This matter is referred back to the assigned magistrate judge for all further pretrial 6 proceedings consistent with this order. 7 || DATED: March 6, 2023. 10 CHIEF ED STATES DISTRICT JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28