(PC) Kern v. Ha

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES CURTIS KERN, No. 2:24-cv-0736 DJC CKD P 12 Plaintiff, 13 v. ORDER HA, et al., 15 Defendants.

17 Plaintiff, a state prisoner, has filed this civil rights action seeking relief under 42 18 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 June 20, 2025, 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 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.

2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed June 20, 2025 are adopted in full; 4 2. Plaintiff's motion for summary judgment (ECF No. 28) is denied; and 5 3. This matter is referred back to the assigned Magistrate Judge for all further 6 pretrial proceedings.

8 IT IS SO ORDERED.

9 | Dated: _August 15, 2025 “Dane A Ch brett Hon. Daniel alabretta 10 UNITED STATES DISTRICT JUDGE