Davis v. Herrick et al
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 1 & 52 , signed by Chief Judge Lawrence J. O'Neill on 3/20/2018: Plaintiff's claim against defendant Herrick based on the alleged filing of a false rules violation report is DISMISSED. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GLEN A. DAVIS,
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Plaintiff,
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v.
Case No. 1:15-cv-01299-LJO-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF NOS. 1 & 52)
A. HERRICK and R. PARKER,
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Defendants.
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Glen A. Davis (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a
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United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On February 15, 2018, Magistrate Judge Erica P. Grosjean entered findings and
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recommendations, recommending that Plaintiff’s claim against defendant Herrick based on the
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alleged filing of a false rules violation report be dismissed. (ECF No. 52).
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Both parties were provided an opportunity to file objections to the findings and
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recommendations. The time period for objecting has passed, and no objections have been
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filed.1
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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the Court finds the findings and recommendations to be supported by the record and proper
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analysis.
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Plaintiff filed “Objections to Magistrate Judges Findings and Recommendations” on March 8, 2018.
(ECF No. 53). However, these objections appear to relate to the findings and recommendations that were issued
on February 13, 2018 (ECF No. 51).
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Accordingly, THE COURT HEREBY ORDERS that:
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1. The findings and recommendations issued by the magistrate judge on February 15,
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2018, are ADOPTED in full; and
2. Plaintiff’s claim against defendant Herrick based on the alleged filing of a false
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rules violation report is DISMISSED.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
March 20, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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