(PC) Walker v. Kernan et al, No. 2:2017cv01764 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 9/12/2018 ADOPTING 15 findings and recommendations in full. Plaintiff's 10 motion for injunctive relief is DENIED. Plaintiff's 14 motion for stay is DENIED. This case is REFERRED back to the assigned Magistrate Judge for all further pretrial proceedings. (Zignago, K.)

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(PC) Walker v. Kernan et al Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 G. DANIEL WALKER, 12 13 14 No. 2:17-cv-1764 KJM DB P Plaintiff, v. ORDER SCOTT KERNAN, et al., 15 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 August 2, 2018, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. (ECF No. 15.) Plaintiff has not filed 23 objections to the findings and recommendations. 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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 2, 2018, are adopted in full; 3 2. Plaintiff’s motion for injunctive relief (ECF No. 10) is denied; 4 3. Plaintiff’s motion for stay (ECF No. 14) is denied; 5 4. This case is referred back to the assigned Magistrate Judge for all further pretrial 6 proceedings. 7 DATED: September 12, 2018. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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