(PC) Israel v. Newsome ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AKIVA AVIKAIDA ISRAEL, No. 2:22-cv-00005 KJM DB P 12 Plaintiff, 13 v. ORDER 14 GAVIN C. NEWSOME, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 16, 2022, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within 21 days. Plaintiff was then granted three extensions 23 of time totaling more than 105 days to file objections to the findings and recommendations. (See 24 ECF Nos. 12, 14, 16.) Plaintiff has not filed objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 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 August 16, 2022 (ECF No. 8), are adopted in 5 || full. 6 2. Plaintiffs motion for emergency injunctive relief (ECF No. 3) is DENIED. 7 3. This case is referred back to the magistrate judge for further pretrial proceedings. 8 | DATED: March 31, 2023. 9 10 ( ti / ¢ q_/ "1 CHIEF NT] ED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28