(PC) Belmonte v. Winkfield et al

Filing 26

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/30/2021 ADOPTING in full the findings and recommendations issued 8/25/2020 (ECF No. 24 ) and 9/17/2020 (ECF No. 25 ); DENYING Plaintiff's motion for a preliminary injunction (see ECF No. 18 at 4); DISMISSING this action for failure to state a claim upon which relief may be granted; and DIRECTING the clerk to close this case. CASE CLOSED(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL BELMONTE,

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Plaintiff,

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No. 2:19-cv-1189 KJM AC P

v.

ORDER

WINKFIELD, 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 August 25 and September 17, 2020, the magistrate judge issued findings and

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recommendations, which were served on plaintiff and which contained notice to plaintiff that any

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objections to the findings and recommendations were to be filed within twenty-one days. (ECF

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Nos. 24, 25). Plaintiff has not 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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/////
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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 issued August 25, 2020 (ECF No. 24) and

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September 17, 2020 (ECF No. 25), are ADOPTED in full;

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2. Plaintiff’s motion for a preliminary injunction (see ECF No. 18 at 4) is DENIED;

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3. This action is DISMISSED for failure to state a claim upon which relief may be

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granted. See 28 U.S.C. § 1915A(b)(1); and
4. The clerk of court is directed to close this case.
DATED: March 30, 2021.

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