Trujillo v. Munoz
Filing
35
ORDER ADOPTING 33 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 05/22/2018. (Flores, E)
1
2
3
4
UNITED STATES DISTRICT COURT
5
EASTERN DISTRICT OF CALIFORNIA
6
7
GUILLERMO CRUZ TRUJILLO,
Case No. 1:14-cv-00976-LJO-EPG (PC)
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
8
9
v.
(ECF NOS. 14, 19 & 33)
10
MUNOZ and ALVAREZ,
11
Defendants.
12
13
Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma
14
pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred
15
to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
16
On May 11, 2018, Magistrate Judge Erica P. Grosjean entered findings and
17
recommendations, recommending “that this action proceed against defendant Alvarez on
18
Plaintiff’s claim for unreasonable searches in violation of the Fourth Amendment, and that all
19
other claims and defendants be dismissed.” (ECF No. 33, p. 9).
20
Plaintiff was provided an opportunity to file objections to the findings and
21
recommendations. On May 21, 2018, Plaintiff filed what the Court construes as a statement of
22
non-opposition. (ECF No. 34).
23
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this
24
Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
25
the Court finds the findings and recommendations to be supported by the record and proper
26
analysis.
27
Accordingly, THE COURT HEREBY ORDERS that:
28
1.
The findings and recommendations issued by the magistrate judge on May 11,
1
1
2
2018, are ADOPTED in full;
2.
3
This case proceed against defendant Alvarez on Plaintiff’s claim for
unreasonable searches in violation of the Fourth Amendment;
4
3.
All other claims and defendants are DISMISSED;
5
4.
The Clerk of Court is DIRECTED to reflect the dismissal of defendant Munoz
6
on the Court’s docket, and to add defendant Alvarez, a Correctional Lieutenant;
7
and
8
5.
This case is referred back to the magistrate judge for further proceedings.
9
10
11
12
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
May 22, 2018
UNITED STATES CHIEF DISTRICT JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?