(PC) Brooks v. Cassie

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE LEE BROOKS, II, Case No. 2:23-cv-00294-KJM-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 DANIEL CASSIE, 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 September 9, 2024, the magistrate judge filed findings and recommendations, which 21 were served on all parties, and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 26 novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by 27 the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis.! 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 9, 2024, are adopted in full; 5 2. Plaintiffs motion to strike affirmative defenses, ECF No. 35, is DENIED; and 6 3. This matter is referred back to the assigned magistrate judge for all further pretrial 7 | matters. 8 | DATED: December 4, 2024. ot 10 a STATES DISTRICT JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Although the magistrate judge noted at the time other Findings and Recommendations were 27 || pending, the court since then has adopted the Findings and Recommendations related to Plaintiff's initial Motion to Strike, granting the motion in part with leave to amend, and denying 28 || in part. See Findings & Recommendations, ECF No. 45.