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Leen v. Troth

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 23, 2021
No. 2:20-cv-2039 KJM DB P (E.D. Cal. Feb. 23, 2021)

Opinion

No. 2:20-cv-2039 KJM DB P

02-23-2021

DOVIE D. LEEN, Plaintiff, v. M. TROTH, et al., Defendants.


ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff claims defendants used excessive force against him in violation of his Eighth Amendment rights. 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 November 16, 2020, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within thirty days. (ECF No. 10.) Plaintiff has not 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 ///// . . . ."). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed November 16, 2020, are adopted in full;

2. Plaintiff's motion for injunctive relief (ECF No. 8) is denied; and

3. This case is referred back to the assigned Magistrate Judge for all further pretrial proceedings. DATED: February 23, 2021.

/s/_________

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Leen v. Troth

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 23, 2021
No. 2:20-cv-2039 KJM DB P (E.D. Cal. Feb. 23, 2021)
Case details for

Leen v. Troth

Case Details

Full title:DOVIE D. LEEN, Plaintiff, v. M. TROTH, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 23, 2021

Citations

No. 2:20-cv-2039 KJM DB P (E.D. Cal. Feb. 23, 2021)