(PC) Delphin v. Edwards
(PC) Delphin v. Edwards
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY DELPHIN, No. 2:23-cv-00493-KJM-DB 12 Plaintiff, 13 v. ORDER 14 EDWARDS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under
42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by
28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 25, 2023, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within thirty days. See F&Rs, ECF No. 28. On 23 October 31, 2023, plaintiff was granted an additional thirty days to file objections. See Prior 24 Order (Oct. 30, 2023), ECF No. 31. This deadline has now passed and plaintiff has not filed 25 objections to the findings and recommendations. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 27
602 F.2d 207, 208(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 28 de novo. See Robbins v. Carey,
481 F.3d 1143, 1147(9th Cir. 2007) (“[D]eterminations of law 1 | by the magistrate judge are reviewed de novo by both the district court and [the appellate] 2 || court[.]”). Having reviewed the file, the court finds the findings and recommendations to be 3 || supported by the record and by the proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed August 25, 2023 (ECF No. 28) are adopted in 6 | full; 7 2. Plaintiff's motions for preliminary injunctive relief (ECF Nos. 10, 13) are denied; and 8 3. This matter is referred back to the assigned magistrate judge for all further pretrial 9 || proceedings. 10 | DATED: April 3, 2024.
12 3 CHIEF ED STATES DISTRICT JUDGE
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Reference
- Status
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