(PC) Black v. Thompson ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RANDY LAMAR BLACK, No. 2:21-cv-02167-TLN-EFB 12 Plaintiff, 13 v. ORDER 14 ALLRED, et al., 15 Defendants. 16 17 Plaintiff Randy Lamar Black (“Plaintiff”), a federal inmate proceeding pro se, has filed 18 this 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 August 30, 2024, 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. (ECF No. 67.) 23 Defendants Allred and B. Birch (collectively, “Defendants”) filed objections on September 11, 24 2024. (ECF No. 68.) 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 28 /// 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 that: 4 1. The Findings and Recommendations (ECF No. 67) filed August 30, 2024, are 5 | ADOPTED IN FULL; 6 2. Plaintiff's Motions to Amend (ECF Nos. 53, 56, 63) are DENIED; 7 3. Defendants’ Motion to Dismiss (ECF No. 57) is DENIED; 8 4. Plaintiffs Motion for Judgment on the Pleadings (ECF No. 64) is DENIED. 9 IT IS SO ORDERED. 10 | Date: September 24, 2024 □□ ) ‘2 “ \/ Lu 13 — oN Z Troy L. Nunley } 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28