Windham v. Marin et al

Filing 48

ORDER ADOPTING 41 FINDINGS AND RECOMMENDATIONS; Plaintiff's Motion to Proceed before a U.S. Magistrate Judge is DENIED, signed by District Judge Lawrence J. O'Neill on 8/31/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES W. WINDHAM,

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Plaintiff,
v.
M. MARIN, et al.,
Defendants.

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Case No.: 1:14-cv-01636-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
PLAINTIFF’S MOTION TO PROCEED BEFORE
U.S. MAGISTRATE JUDGE
(ECF No. 41)

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Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s Eighth Amendment

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claims of excessive force against Defendants M. Marin, D. Uribe, W. Rasley, J. Contreras, A. Capano,

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R. Rubio and Doe #1, and for deliberate indifference to serious medical needs against Defendants C.

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Navarro, V. Morales, M. Marin and S. Shiver.

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On August 6, 2015, the Magistrate Judge issued Findings and Recommendations that

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Plaintiff’s motion to proceed before a U.S. Magistrate Judge despite Defendants’ non-consent be

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denied. The Findings and Recommendations were served on Plaintiff and contained notice that any

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objections were to be filed within fourteen (14) days after service. (ECF No. 41.) More than fourteen

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days have passed and no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and

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recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations issued on August 6, 2015, are adopted in full; and

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2.

Plaintiff’s motion to proceed before a U.S. Magistrate Judge is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 31, 2015

UNITED STATES DISTRICT JUDGE

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