(PC) Clark v. Macomber
(PC) Clark v. Macomber
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN CLARK, No. 2:23-cv-3051-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 JEFFREY MACOMBER, et al., 15 Defendants. 16 17 Plaintiff Steven Clark (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil 18 rights action seeking relief under
42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 3, 2024, the magistrate judge filed findings and recommendations which were 21 served on Plaintiff, and which contained notice to Plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. The deadline has passed, and no 23 objections have been filed. 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 Robbins v. Carey,
481 F.3d 1143, 1147(9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court[.]”). 28 Having reviewed the file, the Court finds the findings and recommendations to be supported by 1 | the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed October 3, 2024, are ADOPTED in full; and 4 2. Claims arising under the Eighth Amendment for denial of adequate medical care 5 against defendants Dr. S. Chen and Dr. Jian Ma in their official capacities are 6 DISMISSED; and 7 3. This matter is referred back to the magistrate judge for further pretrial proceedings. 8 || Date: December 2, 2024 9 10 : Lal fo 12 TROY L. NUNLEY 13 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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