Watts v. Ramos, et al

Filing 67

ORDER signed by Judge Kimberly J. Mueller on 3/30/13: The 66 FINDINGS AND RECOMMENDATIONS are not adopted: The case is remanded to the magistrate judge for further proceedings consistent with this order. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY WATTS,

No. 2:09-CV-1515-KJM-CMK-P

Plaintiff,

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vs.

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R. RAMOS, et al.,

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ORDER

Defendants.
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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action under

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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the Eastern District of California local rules.

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On March 7, 2013, the magistrate judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within a specified time. Neither party has filed objections to the findings and recommendations.

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As part of its review, this court presumes that any findings of fact are correct and

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reviews any conclusions of law de novo. See Orand v. United States, 602 F.2d 207, 208 (9th

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Cir. 1979); Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). In this

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case, however, the court cannot determine what facts the magistrate found to be undisputed: he

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first summarizes the plaintiff’s contentions and then lists the facts that defendants assert are
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undisputed. He concludes that the evidence does not establish any risk to plaintiff’s safety,

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based on his upper-tier housing assignment, and also that the undisputed evidence does not bear

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out plaintiff’s claim that defendants were deliberately indifferent to plaintiff’s serious medical

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need. ECF No. 66 at 10, 11. However, as the magistrate judge never explicitly finds any facts

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to be undisputed, this court cannot presume that any of the factual recitations in the findings and

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recommendations are correct and so cannot determine whether the legal conclusions flowing

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from the facts should be upheld.

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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations filed March 7, 2013, are not adopted;

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The case is remanded to the magistrate judge for further proceedings

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and

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consistent with this order.

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DATED: March 30, 2013.

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UNITED STATES DISTRICT JUDGE

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