Hicks v. Hamkar et al

Filing 119

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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. HICKS,

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No. 2:13-cv-1687 KJM DB P

Plaintiff,
v.

ORDER

BEHROZ HAMKAR, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 26, 2017, the magistrate judge filed findings and recommendations, which were

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

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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the findings and recommendations. In fact, in a document filed here on September 1, 2017,

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plaintiff informed the court that he feels the undersigned should adopt the findings and

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recommendations in full. (ECF No. 115.)

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed
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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 26, 2017 (ECF No. 104) are adopted in

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full; and
2. Plaintiff’s October 14, 2016 motion for an injunction (ECF No. 93) is denied without

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prejudice.

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DATED: September 27, 2017.

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UNITED STATES DISTRICT JUDGE

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