From Casetext: Smarter Legal Research

Belyew v. Honea

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jun 3, 2020
No. 2:17-cv-0508 KJM AC P (E.D. Cal. Jun. 3, 2020)

Opinion

No. 2:17-cv-0508 KJM AC P

06-03-2020

LISA BELYEW, Plaintiff, v. KORY L. HONEA, et al., Defendants.


ORDER

Plaintiff, a former pretrial detainee and current 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 March 30, 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. 26. 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 March 30, 2020 (ECF No. 26), are adopted in full;

2. Plaintiff's claims against defendant Honea are dismissed without leave to amend; and

3. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. DATED: June 3, 2020.

/s/_________

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Belyew v. Honea

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jun 3, 2020
No. 2:17-cv-0508 KJM AC P (E.D. Cal. Jun. 3, 2020)
Case details for

Belyew v. Honea

Case Details

Full title:LISA BELYEW, Plaintiff, v. KORY L. HONEA, et al., Defendants.

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

Date published: Jun 3, 2020

Citations

No. 2:17-cv-0508 KJM AC P (E.D. Cal. Jun. 3, 2020)

Citing Cases

Carroll v. San Diego Cnty. Jail Sheriff

But without more, these types of conclusory allegations are also insufficient to state a plausible Fourteenth…