(PC) Johnson v. Neuschmid

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA LACEDRIC WILLIAM JOHNSON, No. 2:19-cv-01598-WBS-CKD 12 Plaintiff, 13 v. ORDER ROBERT NEUSCHMID, et al., 15 Defendants.

17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On September 2, 2020, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed 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 reviewed the file, the court finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis.

1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 2, 2020, are adopted in full; 3 2. Plaintiff's motion for a temporary restraining order (ECF No. 23) is denied without || prejudice to plaintiff filing any future request for an extension of time based on a lack of access to || his legal material. .

6 | Dated: October 21, 2020 abba A fob be 7 UNITED STATES DISTRICT JUDGE 15 12/0hn1598.tro.801.docx