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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TRISTAIN CROWDER, also known as No. 2:17-cv-01657-TLN-DMC Candice Crowder, 12 Plaintiff, ORDER v. 14 RALPH DIAZ, et al., 15 Defendants.

17 Plaintiff, a prisoner proceeding with retained counsel, 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. Currently before the Court are Defendants’ Motion to Dismiss and Motion for Misjoinder. (ECF Nos. 27–28.) On August 19, 2019, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice to the parties that any objections to the findings and recommendations were to be filed within fourteen (14) days. (ECF No. 38.) No objections to the findings and recommendations have been filed. 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…