Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: ORDER TROY L. NUNLEY , District Judge . Plaintiff Eric Anthony Alston, Jr. ("Plaintiff"), a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On October 30, 2019, the magistrate judge filed findings and recommendations herein, which were served on the parties and which contained notice that any objections to the findings and re
Summary: ORDER TROY L. NUNLEY , District Judge . Plaintiff Eric Anthony Alston, Jr. ("Plaintiff"), a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On October 30, 2019, the magistrate judge filed findings and recommendations herein, which were served on the parties and which contained notice that any objections to the findings and rec..
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ORDER
TROY L. NUNLEY, District Judge.
Plaintiff Eric Anthony Alston, Jr. ("Plaintiff"), a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 30, 2019, the magistrate judge filed findings and recommendations herein, which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen (14) days. (ECF No. 41.) Neither party has filed objections to the Findings and Recommendations.
Accordingly, 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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 U.S.C. § 636(b)(1).
Having reviewed the file under the applicable legal standards, the Court finds the Findings and Recommendations to be supported by the record and by the magistrate judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations, filed October 30, 2019 (ECF No. 41), are adopted in full; and
2. Plaintiff's Motion to Amend (ECF No. 33) is DENIED.
IT IS SO ORDERED.
