Windham v. California Medical Facility, et al

Filing 67

ORDER ADOPTING 65 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 07/06/17 ORDERING that plaintiff's 51 Motion for Preliminary Injunction is DENIED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL WINDHAM, JR.,

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No. 2:15-cv-01058 MCE CKD P

Plaintiff,
v.

ORDER

CALIFORNIA MEDICAL FACILITY, 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 pursuant to

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

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On May 25, 2017, the magistrate judge filed findings and recommendations herein 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. Neither party has filed

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objections to the findings and recommendations.

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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

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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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 May 25, 2017, are adopted in full; and

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2. Plaintiff’s motion for preliminary injunctive relief (ECF No. 51) is denied.

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IT IS SO ORDERED.

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Dated: July 6, 2017

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