(PC) Black v. Thompson et al

Filing 70

ORDER signed by Chief District Judge Troy L. Nunley on 9/24/24 ADOPTING in FULL 67 Findings and Recommendations. Plaintiff's 53 , 56 , 63 Motions to Amend are DENIED. Defendants' 57 Motion to Dismiss is DENIED. Plaintiff's 64 Motion for Judgment on the Pleadings is DENIED. (Salmeron, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY LAMAR BLACK,

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Plaintiff,

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v.

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ALLRED, et al.,

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No. 2:21-cv-02167-TLN-EFB

ORDER

Defendants.

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Plaintiff Randy Lamar Black (“Plaintiff”), a federal inmate proceeding pro se, has filed

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this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 30, 2024, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. (ECF No. 67.)

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Defendants Allred and B. Birch (collectively, “Defendants”) filed objections on September 11,

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2024. (ECF No. 68.)
The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations (ECF No. 67) filed August 30, 2024, are

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ADOPTED IN FULL;

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2. Plaintiff’s Motions to Amend (ECF Nos. 53, 56, 63) are DENIED;

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3. Defendants’ Motion to Dismiss (ECF No. 57) is DENIED;

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4. Plaintiff’s Motion for Judgment on the Pleadings (ECF No. 64) is DENIED.

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IT IS SO ORDERED.

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Date: September 24, 2024

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Troy L. Nunley
United States District Judge

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