(PC) Palacios v. Smith

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE PALACIOS, No. 2:17-cv-02500-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 KEVIN SMITH, 15 Defendant. 16 17 Plaintiff Jorge Palacios (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 4, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen (14) days. (ECF No. 71.) 23 Plaintiff has filed Objections to the Findings and Recommendations. (ECF No. 72.) Defendant 24 Smith (“Defendant”) filed a Response to Plaintiff’s objections. (ECF No. 73.) 25 The Court reviews de novo those portions of the proposed findings of fact to which 26 objection has been made. 28 U.S.C. §…