(PC) Jones v. Pfeiffer et al

Filing 85

ORDER ADOPTING 83 Findings and Recommendations, DENYING 80 Motion, signed by District Judge Ana de Alba on 9/15/2022. (Marrujo, C)

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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 DYRELL WAYNE JONES, 12 13 14 15 Plaintiff, Case No. 1:19-cv-00396-ADA-HBK ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. No. 83) J. WALINGA, ET. AL. Defendants. 16 17 Plaintiff Dyrell Wayne Jones initiated this action proceeding pro se by filing a prisoner 18 civil rights complaint under 42 U.S.C. § 1983. (Doc. No. 1.) Pursuant to the parties’ stipulation 19 for voluntary dismissal with prejudice, the Court issued a minute order directing the Clerk to 20 close this case on September 10, 2021. (Doc. Nos. 78, 79.) Now pending before the Court was 21 Plaintiff’s motion to enforce the settlement agreement, filed February 2, 2022. (Doc. No. 80.) 22 The matter was referred to the assigned United States Magistrate Judge pursuant to 28 U.S.C. § 23 636(b)(1)(B) and Local Rule 302. 24 On April 25, 2022, the magistrate judge issued a Findings and Recommendations 25 recommending the district court deny Plaintiff’s motion. (Doc. No. 83.) The Findings and 26 Recommendations served on Plaintiff contained notice that objections to the Findings and 27 Recommendations were due within fourteen days. (Id. at 1, 3.) Plaintiff did not file any 28 objections. (See docket.) 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 3 Findings and Recommendations to be supported by the record and by proper analysis. 4 ACCORDINGLY, it is ORDERED: 5 1. The Findings and Recommendations issued on April 25, 2022 is adopted in full. 6 2. Plaintiff’s motion to enforce the settlement agreement is denied. 7 8 9 10 IT IS SO ORDERED. Dated: September 15, 2022 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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