Harris v. Fernan et al

Filing 85

ORDER signed by District Judge Troy L. Nunley on 12/18/2019 ADOPTING in full the Findings and Recommendations filed 11/07/2019 (ECF No. 79 ); and DENYING Plaintiff's motion for injunctive relief (ECF No. [78). (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WAYDE HOLLIS HARRIS, 12 Plaintiff, 13 14 No. 2:17-cv-00680-TLN-KJN v. ORDER S. KERNAN, et al., 15 Defendants. 16 Plaintiff Wayde Hollis Harris (“Plaintiff”), a state prisoner proceeding pro se, has filed 17 18 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 07, 2019, the magistrate judge filed findings and recommendations which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 79.) Neither 23 party has filed objections to the Findings and Recommendations. Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 24 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// 1 1 2 Having reviewed the file under the applicable legal standards, the Court finds the Findings and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed November 07, 2019 (ECF No. 79), are 5 adopted in full; and 6 2. Plaintiff’s motion for injunctive relief (ECF No. 78) is DENIED. 7 IT IS SO ORDERED. 8 Dated: December 18, 2019 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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