Belyew v. Hornea et al

Filing 46

ORDER signed by Chief District Judge Kimberly J. Mueller on 2/23/2021 ADOPTING 44 Findings and Recommendations in full; DENYING 37 Motion to Dismiss; Defendants shall file an answer to the amended complaint within twenty-one days.(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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LISA MARIE BELYEW,

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Plaintiff,

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No. 2:17-cv-0508 KJM AC P

v.

ORDER

KORY L. HONEA, et al.,

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Defendants.

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Plaintiff, a former county and current state prisoner proceeding pro se, has filed this civil

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

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Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 28, 2020, 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 twenty-one days. ECF No. 44. Neither

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party has filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). 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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 28, 2020 (ECF No. 44), are adopted

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in full.

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2. Defendants’ motion to dismiss (ECF No. 37) is denied.

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3. Defendants shall file an answer to the amended complaint within twenty-one days.

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DATED: February 23, 2021.

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