Rhea

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON R. BRANNIGAN, Case No. 2:23-cv-00725-KJM-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 RHEA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 30, 2023, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 the findings and recommendations but did file a second amended complaint without leave of 24 court. ECF No. 17. The court construes that filing as an implied request for leave to amend and 25 proposed amendment. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 27…