(PC) Smith v. Municipality of Fresno County et al
Filing
130
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/13/22 ADOPTING in full 119 Findings and Recommendations. Plaintiff's 118 motion for disqualification is DENIED as unsupported as to the assigned United States District Judge. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GARY PAUL SMITH,
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No. 2:21-cv-1992 KJM AC P
Plaintiff,
v.
ORDER
MUNICIPALITY OF FRESNO COUNTY,
et al.,
Defendants.
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided
by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 20, 2022, the magistrate judge issued findings and recommendations, which
were served on all parties and which contained notice to all parties that any objections to the
findings and recommendations were to be filed within fourteen days. ECF No. 119. No party has
filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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 issued October 20, 2022 (ECF No. 119), are
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ADOPTED in full, and
2. Plaintiff’s motion for disqualification (ECF No. 118) is DENIED as unsupported as to
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the assigned United States District Judge.
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DATED: December 13, 2022.
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