(PC) Abalos v. Lizarraga ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESUS ABALOS, No. 2:20-cv-01699 JAM KJN P 12 Plaintiff, 13 v. ORDER 14 JOE LIZARRAGA, 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 May 03, 2022, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within twenty-one days. Neither party filed 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). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 03, 2022, are ADOPTED in full; 3 2. Plaintiff’s motion for relief under Fed. R. Civ. P. 56(d) (ECF No. 34) is DENIED; and 4 3. Defendant Parham’s motion for summary judgment (ECF No. 27) is GRANTED. 5 Dated: July 18, 2022 /s/ John A. Mendez 6 THE HONORABLE JOHN A. MENDEZ 7 UNITED STATES DISTRICT COURT JUDGE 8 9 /abal1699.801 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28