(PC) Israel v. Shmary

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AKIVA AVIKAIDA ISRAEL, No. 2:21-cv-00262-TLN-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 SHMARYAHU BROWNSTEIN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 12, 2024, the magistrate judge filed findings and recommendations which 21 were served on all parties, and which contained notice that any objections to the findings and 22 recommendations were to be filed within seven days. That deadline has passed, and neither party 23 filed objections. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court[.]”). 28 1 | Having carefully 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 (ECF No. 94) are ADOPTED in full; 5 2. Plaintiff's December 5, 2024, motion for a temporary restraining order (ECF No. 92) 6 is DENIED without prejudice to renewal. 4 3 Date: December 20, 2024

11 TROY L. NUNLEY 12 CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28