Khouanmany v. United States Marshals et al

Filing 171

ORDER signed by District Judge Troy L. Nunley on 9/7/2021 ADOPTING in full the findings and recommendations filed 7/ 29/ 2021; and DENYING Plaintiff's motion for summary judgment (ECF No. 162 ) without prejudice. (Becknal, R)

Case 2:17-cv-01326-TLN-JDP Document 171 Filed 09/10/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VILAYCHITH KHOUANMANY,

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No. 2:17-cv-01326-TLN-JDP

Plaintiff,
v.

ORDER

BEN ALENCASTRE, et al.,
Defendants.

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Plaintiff, a federal prisoner proceeding pro se, has filed this civil rights action seeking

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relief under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). The matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 29, 2021, 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. Plaintiff 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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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 supported by
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Case 2:17-cv-01326-TLN-JDP Document 171 Filed 09/10/21 Page 2 of 2
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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 July 29, 2021, are ADOPTED IN FULL; and

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2. Plaintiff’s motion for summary judgment (ECF No. 162) is DENIED without

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prejudice.

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Dated: September 7, 2021

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Troy L. Nunley
United States District Judge

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