1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN ROBERT GALLEGOS, No. 2:24-cv-2526 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 R. FERNANDEZ, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, has filed this civil rights action seeking relief under 42

. The matter was referred to a United States Magistrate Judge pursuant 19 to

(b)(1)(B) and Local Rule 302. 20 On October 22, 2025, the Magistrate Judge filed findings and 21 recommendations herein which were served on all parties and which contained notice 22 to all parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. Neither party has filed objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States,

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

, 454 28 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 1 | recommendations to be supported by the record and by the magistrate judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The October 22, 2025, findings and recommendations are adopted in full; 5 2. Defendants’ motion to dismiss (ECF No. 34) is denied; 6 3. Defendants are granted 14 days within which to file an answer; and 7 4, This matter is referred back to the assigned Magistrate Judge. 8 9 IT IS SO ORDERED. 10 | Dated: _December 5, 2025 “Daniel A CoD tto— Hon. Daniel alabretta " UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28