Washington v. Gamboa, et al.
Filing
38
ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS IN FULL; and ORDER GRANTING 33 Defendants' Motion for Judgment on the Pleadings as to All State Law Claims signed by Chief Judge Lawrence J. O'Neill on 7/19/2018. (Jessen, A)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
JESSE WASHINGTON,
10
11
12
13
Case No. 1:17-cv-00302-LJO-EPG (PC)
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT
DEFENDANTS’ MOTION FOR PARTIAL
JUDGMENT ON THE PLEADINGS BE
GRANTED
v.
H. GAMBOA and R. ROQUE,
Defendants.
(Doc. Nos. 33, 36)
14
15
16
Jesse Washington (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
17 in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to United States
18 Magistrate Judge Erica P. Grosjean pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
19
On March 8, 2018, H. Gamboa and R. Roque (“Defendants”) filed a motion for judgment
20 on the pleading as to all state law claims asserted in this action. (Doc. No. 33). Plaintiff did not
21 oppose the motion. (Doc. No. 35). On May 1, 2018, the Magistrate Judge issued findings and
22 recommendations, recommending that Defendants’ motion for judgment on the pleadings be
23 granted. (Doc. No. 36). The findings and recommendations directed the parties to file any
24 objections within fourteen days of service thereof. Id. The fourteen-day period has expired, and
25 no party has filed objections.
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,
1.
2
The findings and recommendations issued May 1, 2018, (Doc. No. 36), are
adopted in full;
3
2.
4
Defendants’ motion for judgment on the pleading as to all state law
claims, (Doc. No. 33), is granted; and
5
3.
6
This case is referred back to the assigned Magistrate Judge for further
proceedings.
7
8
9
10
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
July 19, 2018
UNITED STATES CHIEF DISTRICT JUDGE
11
12
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?