(PC) Colbourn v. California Courts et al

Filing 44

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/2020 ADOPTING 33 Findings and Recommendations in full and DENYING 29 Motion for TRO. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORRIN TYLER COLBOURN,

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No. 2:20-cv-0725 KJM DB P

Plaintiff,
v.

ORDER

CALIFORNIA COURTS, et al.,
Defendants.

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Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking

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relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 15, 2020, the magistrate judge issued findings and recommendations, which were

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

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recommendations were to be filed within thirty days. (See ECF No. 33). Plaintiff has filed

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belated objections to the findings and recommendations, which despite their lateness the court has

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considered. (ECF No. 40.)

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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]
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court. . . .”). 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 July 15, 2020 (ECF No. 33), are ADOPTED

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in full, and
2. Plaintiff’s motion for a temporary restraining order, docketed July 9, 2020 (ECF

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No. 29), is DENIED.

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DATED: October 15, 2020.

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