Matthews v. Holland

Filing 65

ORDER signed by District Judge Kimberly J. Mueller on 9/26/18 ADOPTING 63 FINDINGS AND RECOMMENDATIONS and DENYING 46 Motion for Judgment on the pleadings. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN LEE MATTHEWS,

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Plaintiff,

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v.

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No. 1:14-cv-1959 KJM DB P

KIM HOLLAND,

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ORDER

Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 31, 2018, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 31, 2018 (ECF No. 63) are adopted in

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full;

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2. Defendant’s motion for judgment on the pleadings (ECF No. 63) is denied; and

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3. This matter is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: September 26, 2018.

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UNITED STATES DISTRICT JUDGE

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