Opinion
No. 2:08-cv-2788-KJM-EFB P
01-13-2016
THOMAS JOHN HEILMAN, Plaintiff, v. MICHAEL VOJKUFKA, et al., Defendants.
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. 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 October 23, 2015, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has 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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 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 October 23, 2015, are adopted in full;
2. The determination of plaintiff's motion to compel defendants to reimburse certain funds into his trust account is stayed until the Supreme Court issues its decision in Bruce v. Samuels, Case No. 14-844; and
3. Defendants are directed to file a status report within seven days of the issuance of the Bruce opinion. DATED: January 13, 2016.
/s/_________
UNITED STATES DISTRICT JUDGE