Heilman v. Vokufka et al

Filing 183

ORDER signed by District Judge Kimberly J. Mueller on 4/12/2016 FINDINGS AND RECOMMENDATIONS 182 are ADOPTED in FULL; and Plaintiff's 177 Motion filed on 9/28/2015 is DENIED. (Reader, L)

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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 THOMAS JOHN HEILMAN, 12 13 14 15 No. 2:08-cv-2788-KJM-EFB P Plaintiff, v. ORDER MICHAEL VOJKUFKA, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 24, 2016, the magistrate judge filed findings and recommendations 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 24, 2016, are adopted in full; 3 4 5 and 2. Plaintiff’s September 28, 2015 motion (ECF No. 177) is denied. DATED: April 12, 2016 6 7 UNITED STATES DISTRICT JUDGE 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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