Opinion
2:21-cv-1931 WBS KJN P
02-23-2023
MICHAEL HESSE, Plaintiff, v. COUNTY OF SACRAMENTO, et al., Defendants.
ORDER
WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 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 January 26, 2023, the magistrate judge filed findings and recommendations herein 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 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 magistrate judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed January 26, 2023, are adopted in full;
2. Defendant Sanga's motion to set aside clerk's default (ECF No. 32) is granted;
3. The Clerk of the Court is directed to set aside the clerk's default, entered on October 26, 2022 (ECF No. 31); and
4. Within seven days, defendant Sanga shall file a responsive pleading.