Brown v. Benavidez et al

Filing 36

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/19/2020 ADOPTING 35 Findings and Recommendations in full; DENYING 22 Motion for Preliminary Injunction; DENYING 18 Motion to Dismiss. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (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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ELI’EZER RE’UEL BEN-BINYAMIN,

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Plaintiff,

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No. 2:18-cv-1015-KJM-EFB P

v.

ORDER

J. BENAVIDEZ, 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.

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On February 13, 2020, the magistrate judge filed findings and recommendations, in which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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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 February 13, 2020, are adopted in full;

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2. Defendants’ motion to dismiss (ECF No. 18) is DENIED;

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3. Plaintiff’s motion for preliminary injunction (ECF No. 22) is DENIED; and

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4. This case is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: March 19, 2020.

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