Torres v. Diaz et al

Filing 52

ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 35 Plaintiff's Motion for a Court Order to Obtain a Declaration From a Prisoner Witness signed by District Judge Anthony W. Ishii on 5/11/2015. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN MATIAS TORRES, 12 Plaintiff, 13 14 v. RALPH M. DIAZ, et al., 15 Defendants. 16 Case No.: 1:14-cv-00492-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING PLAINTIFF’S MOTION FOR COURT ORDER TO OBTAIN A DECLARATION FROM PRISONER WITNESS [ECF Nos. 35, 37] Plaintiff Juan Matias Torres is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 On March 17, 2015, the Magistrate Judge filed a Findings and Recommendations which was 20 served on the parties and which contained notice to the parties that Objections to the Findings and 21 Recommendations were to be filed within ten days. Plaintiff filed an Objection on April 23, 2015, and 22 Defendants filed a response on May 7, 2015. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 25 Recommendations to be supported by the record and by proper analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed on March 17, 2015, is adopted in full; and 3 2. Plaintiff’s motion for a court order to obtain a declaration from a prisoner witness is 4 DENIED. 5 6 IT IS SO ORDERED. 7 Dated: May 11, 2015 8 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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