(PC) Cox v. Daram

Filing 36

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/30/2021 ADOPTING IN FULL 19 Findings and Recommendations and DISMISSING Plaintiff's claims against CDCR and any claims under the Fourteenth Amendment. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. (Tupolo, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ERNEST LEE COX, Jr.,

12

Plaintiff,

13
14

No. 2:20-cv-1295 KJM DB P

v.

ORDER

VASUKI DARAM, et al.,

15

Defendants.

16
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

17
18

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

19

by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On November 16, 2020, 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 thirty days. Neither party has filed

23

objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

24
25

602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed

26

de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

27

by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

28

/////
1

1

. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

2

supported by the record and by the proper analysis.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. The findings and recommendations filed November 16, 2020, are adopted in full;

5

2. Plaintiff’s claims against CDCR and any claims under the Fourteenth Amendment are

6
7

dismissed; and
3. This matter is referred back to the assigned magistrate judge for all further pretrial

8

proceedings.

9

DATED: March 30, 2021.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2