(PC) Hicks v. Hamkar, et al., No. 2:2013cv01687 - Document 119 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 9/27/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/26/17 104 are ADOPTED in full; and Plaintiff's 10/14/16 MOTION for an Injunction 93 is DENIED without prejudice. (Mena-Sanchez, L)
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(PC) Hicks v. Hamkar, et al. Doc. 119 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL J. HICKS, 12 13 14 15 No. 2:13-cv-1687 KJM DB P Plaintiff, v. ORDER BEHROZ HAMKAR, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 26, 2017, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. Neither party has filed objections to 23 the findings and recommendations. In fact, in a document filed here on September 1, 2017, 24 plaintiff informed the court that he feels the undersigned should adopt the findings and 25 recommendations in full. (ECF No. 115.) 26 The court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 1 Dockets.Justia.com 1 the file, the court finds the findings and recommendations to be supported by the record and by 2 the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 26, 2017 (ECF No. 104) are adopted in 5 6 full; and 2. Plaintiff’s October 14, 2016 motion for an injunction (ECF No. 93) is denied without 7 prejudice. 8 DATED: September 27, 2017. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2