(PC) Maldonado v. Howtz

Opinion

JOSE SANTIAGO MALDONADO, No. 2:21-cv-01080-JAM-CKD P Plaintiff, v. ORDER HOWTZ, et al., Defendants. Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 9, 2022, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed March 9, 2022, are adopted in full. 2. The Eighth Amendment conditions of confinement and civil conspiracy claims against all defendants are dismissed without leave to amend. 3. This case shall proceed on the First Amendment retaliation claims against defendants Howtz and Arredando. Dated: May 11, 2022 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE