(PC) Uhuru v. Singh

Opinion

KOHEN DIALLO UHURU, No. 2:20-cv-01664-TLN-KJN Plaintiff, v. ORDER R. SINGH, et al., Defendants. Plaintiff, a state prisoner proceeding pro se, 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 December 10, 2021, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. (ECF No. 63.) Neither party 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 December 10, 2021, (ECF No. 63), are adopted in full; 2. Defendant’s summary judgment motion (ECF No. 49) is granted; and 3. Plaintiff's requests to stay Defendant’s summary judgment in order to conduct discovery, contained in his opposition and separately filed motion (ECF Nos. 57, 61), are denied. DATED: January 24, 2022 / jf / “A MN Vix Troy L. Nuhlep ] United States District Judge