Villareal v. County of Fresno

Filing 103

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 86 , 98 , signed by District Judge Dale A. Drozd on 5/2/2018: Defendant County of Fresno's motion to dismiss 86 is denied as moot. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELAINE K. VILLAREAL, 12 Plaintiff, 13 14 15 16 No. 1:15-cv-01410-DAD-EPG ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. COUNTY OF FRESNO and SHERIFF MARGARET MIMS, (Doc. Nos. 86, 98) Defendants. 17 18 Elaine Villareal (“plaintiff”) is a prisoner proceeding in forma pauperis and pro se in this 19 civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 20, 2018, the assigned magistrate judge entered findings and recommendations, 22 recommending that defendant County of Fresno’s motion to dismiss (Doc. No. 86) be denied as 23 moot in light of plaintiff’s filing of an amended complaint. (Doc. No. 98.) The parties were 24 provided an opportunity to file objections to the findings and recommendations. The deadline for 25 filing objections has passed and no objections have been filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 court finds the findings and recommendations to be supported by the record and proper analysis. 1 1 Accordingly: 2 1. The findings and recommendations issued by the magistrate judge on March 20, 2018, 3 4 5 6 (Doc. No. 98) are adopted in full; and 2. Defendant County of Fresno’s motion to dismiss (Doc. No. 86) is denied as moot. IT IS SO ORDERED. Dated: May 2, 2018 UNITED STATES DISTRICT JUDGE 7 8 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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