(PC) Israel v. Carter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

AKIVA A. ISRAEL, No. 2: 21-cv-1267 JAM KJN P

Plaintiff, v. ORDER RUBY CARTER, et al.,

Defendants.

Plaintiff, a state prisoner proceeding pro se, 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.

On September 20, 2021, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. On October 19, 2021, plaintiff was granted a 14-day extension of time to file objections. Plaintiff did not file objections to the findings and recommendations.

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. 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.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed September 20, 2021, are adopted in full; and 2. All claims and defendants in the amended complaint, except for the Eighth

Amendment claim against defendant Carter, are dismissed.

Dated: November 15, 2021 /s/ John A. Mendez

THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE