Diaz v. Hurley et al

Filing 73

ORDER signed by District Judge Kimberly J. Mueller on 9/30/2019 ADOPTING 63 Findings and Recommendations in full and DENYING 56 Motion to Vacate. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL ENRIQUE DIAZ,

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No. 2:15-cv-2083 KJM KJN P

Plaintiff,
v.

ORDER

ASSOCIATE WARDEN HURLEY, 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 3, 2019, 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. On July 24, 2019, plaintiff was

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granted thirty days in which to file objections. On August 26, 2019, plaintiff was granted an

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additional fifteen days in which to file objections. This latest deadline has now passed, and no

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party has filed objections to the findings and recommendations.

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

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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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations
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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]

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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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1. The findings and recommendations filed July 3, 2019, are adopted in full; and

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2. Plaintiff’s motion to vacate (ECF No. 56) is denied.

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DATED: September 30, 2019.

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UNITED STATES DISTRICT JUDGE

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