(PC) Clark v. CDC, et al
Filing
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Order signed by Chief District Judge Troy L. Nunley on 01/24/25 ADOPTING 13 Findings and Recommendations IN FULL; DENYING 9 Motion for TRO; and REFERRING back to the assigned magistrate judge for all further pretrial proceedings. (Deputy Clerk KML)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANDRE JAMES CLARK, SR.,
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No. 2:24-cv-01748-TLN-AC
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
Plaintiff Andre James Clark, Sr. (“Plaintiff”), a state prisoner proceeding pro se, filed this
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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.
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On November 15, 2024, the magistrate judge filed findings and recommendations herein
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which were served on Plaintiff and which contained notice to Plaintiff that any objections to the
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findings and recommendations were to be filed within twenty-one days. (ECF No. 13.) Plaintiff
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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.
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 carefully reviewed the file, the Court finds the findings and recommendations to
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be 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 (ECF No. 13) are ADOPTED IN FULL;
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2. Plaintiff’s Motion for a Temporary Restraining Order (ECF No. 9) is DENIED; and
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3. This matter is referred back to the assigned magistrate judge for all further pretrial
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proceedings.
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IT IS SO ORDERED.
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Date: January 24, 2025
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___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE
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