Penton v. Hubard et al

Filing 187

ORDER signed by District Judge Troy L. Nunley on 2/3/2020 ADOPTING 178 Findings and Recommendations in full and DENYING without prejudice 152 Motion for Default. (Huang, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PENTON,

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Plaintiff,

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No. 2:11-cv-00518-TLN-KJN

v.

ORDER

L. JOHNSON, et al.,

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Defendants.

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Plaintiff Anthony Penton (“Plaintiff”), a state prisoner proceeding with counsel, has filed

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this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 16, 2019, the magistrate judge filed findings and recommendations which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. (ECF No. 178.) Neither

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party has filed objections to the findings and recommendations.
Accordingly, the Court presumes that any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983); see also 28 U.S.C. § 636(b)(1).

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Having reviewed the file under the applicable legal standards, the Court finds the Findings
and Recommendations to be supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed December 16, 2019 (ECF No. 178), are

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adopted in full; and

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2. Plaintiff’s Motion for Default (ECF No. 152) is DENIED, without prejudice.

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IT IS SO ORDERED.

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Dated: February 3, 2020

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Troy L. Nunley
United States District Judge

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