(PC) Gallegos v. Fernandez

Opinion

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 proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 22, 2024, the magistrate judge filed findings and 21 recommendations herein which were served on plaintiff and which contained notice 22 to plaintiff that any objections to the findings and recommendations were to be filed 23 within fourteen days. Plaintiff has not 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, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 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 findings and recommendations filed November 22, 2024, are adopted 5 | in full; and 6 2. Plaintiff's motion for preliminary injunctive relief (ECF No. 2) is denied 7 || without prejudice; and 8 3. This matter is referred back to the assigned Magistrate Judge for all further 9 | pretrial proceedings. 10 14 IT IS SO ORDERED. 12 | Dated: _January 17, 2025 “Dane A Ch brett Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28