(PC) Witkin v. Lotersztain ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL WITKIN, No. 2:19-cv-00406-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 MARIANA LOTERSZTAIN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 14, 2023, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations.1 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). Having reviewed 27 1 On August 8, 2022, Plaintiff was granted permission to electronically file all documents 28 pursuant to Local Rule 133(b)(2). (ECF No. 87.) 1 | the file, the Court finds the findings and recommendations to be supported by the record and by 2 | the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed March 14, 2023, are ADOPTED IN FULL; 5 and 6 2. Defendant Dr. Lin’s motion for summary judgment (ECF No. 55) is GRANTED. 7 | Date: March 30, 2023 yy / i (. Take ll Troy L. Nuhley> ] United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28