Belyew v. Hornea et al

Filing 64

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full signed by Chief District Judge Kimberly J. Mueller on 09/27/21; DENYING 45 Motion for Preliminary Injunction; DENYING 50 Motion to Supplement the First Amended Complaint; denying 52 Motion to Amend the First Amended Complaint; REFERRING matter back to the assigned magistrate for all further pretrial proceedings. (Benson, A.)

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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 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.
On June 7, 2021, 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. ECF No. 56. Neither party has filed

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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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/////
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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 June 7, 2021, ECF No. 56, are adopted in full.

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2. Plaintiff’s motion for temporary restraining order, ECF No. 45, is DENIED.

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3. Plaintiff’s motion to supplement the first amended complaint, ECF No. 50, is

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DENIED.

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4. Plaintiff’s motion to amend the first amended complaint, ECF No. 52, is DENIED.

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5. This matter is referred back to the assigned magistrate for all further pretrial

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proceedings.

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DATED: September 27, 2021.

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