(PC) Beeson v. Warden

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAYLOR A. BEESON, No. 2:23-cv-1621 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 WARDEN F.C.I. HERLONG, et al., 15 Defendants. 16 17 Plaintiff is proceeding pro se with a civil action. The matter was referred to a 18 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 19 302. 20 On July 19, 2024, the magistrate judge filed findings and recommendations 21 herein which were served on plaintiff and which contained notice to plaintiff that 22 objections could be filed.1 The time for filing objections has expired and Plaintiff has 23 not filed objections. 24 Although it appears from the file that Plaintiff’s copy of the findings and 25 recommendations was returned, plaintiff was properly served. It is the Plaintiff’s 26 responsibility to keep the court apprised of his current address at all times. Pursuant 27 1 On October 16, 2024, the Magistrate Judge issued separate Finding and Recommendations (ECF No. 28 22) that will be addressed in a subsequent order. 1 | to Local Rule 182(f), service of documents at the record address of the party is fully 2 | effective. 3 The Court presumes that any findings of fact are correct. See Orand v. United 4 | States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law 5 | are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 6 | (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 7 || recommendations to be supported by the record and by the Magistrate Judge's 8 | analysis. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The findings and recommendations filed July 19, 2024, are adopted in full; 11 2. All claims other than a claim for excessive use of force in violation of the 12 | Eighth Amendment and claim for retaliation for protected conduct arising under the 13 | First Amendment against defendant Lt. Birtwell are dismissed; and 14 3. This matter is referred back to the Magistrate Judge for all further pretrial 15 | proceedings. 16 IT IS SO ORDERED. 17 | Dated: _November 7, 2024 “Daal J CoO □□□□ Hon. Daniel alabretta 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28