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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WARREN CLEVELAND GREEN, No. 2:18-cv-1931 WBS KJN P Plaintiff, v. ORDER DR. G. CHURCH, et al., Defendants. 16 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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 9, 2020, 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 thirty days. Plaintiff filed objections to the findings and recommendations. Defendant filed a response. 24 Plaintiff submitted new evidence with his objections. As noted by defendant, the court has 25 discretion whether to consider evidence presented for the first time in a party’s objections to findings and recommendations. United States v.…