(PC) O'Brien v. CDC

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KORY T. O’BRIEN, No. 2:23-cv-1112 DJC CSK P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16

17 18 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 19 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 22, 2025, the Magistrate Judge filed findings and recommendations 22 herein which were served on all parties and which contained notice to all parties that 23 any objections to the findings and recommendations were to be filed within fourteen 24 days. Neither party filed objections to the findings and 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 (ECF No. 38) are adopted in full; and 5 2. Plaintiff's motion for reinstatement (ECF No. 32) is denied and this case 6 | remains CLOSED. 7 8 IT IS SO ORDERED. 9 | Dated: _ August 22, 2025 “Dane A Hon. Daniel alabretta 10 UNITED STATES DISTRICT JUDGE 11 12 13 | jobri23ev1112.801 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28