(PC) Fiorito v. United States of America

Filing 11

ORDER signed by Chief District Judge Troy L. Nunley on 3/11/2025 ADOPTING 9 Findings and Recommendations in Full, DENYING 5 Motion for Injunctive Relief, and REMANDING this case back to the assigned magistrate judge for further pretrial proceedings. (Deputy Clerk AMW)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL FIORITO,

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No. 2:24-cv-00990-TLN-CKD P

Plaintiff,
v.

ORDER

UNITED STATES OF AMERICA,
Defendant.

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Plaintiff Michael Fiorito (“Plaintiff”), a state prisoner proceeding pro se, filed this civil

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rights action seeking relief under the Federal Tort Claims Act. The matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 10, 2025, the magistrate judge filed findings and recommendations which

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

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recommendations were to be filed within fourteen (14) days. The deadline has passed, and

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Plaintiff has not filed objections to the findings and recommendations.

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

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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 supported by
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the record and by the proper analysis. Accordingly, IT IS HEREBY ORDERED:

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1. The findings and recommendations (ECF No. 9) are ADOPTED in full;

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2. Plaintiff’s motion for injunctive relief (ECF No. 5) is DENIED; and

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3. This case is remanded back to the assigned magistrate judge for further pretrial

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proceedings.
DATED: March 11, 2025

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___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE

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