Cruz v. Michaels et al

Filing 40

ORDER adopting 30 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Kimberly J. Mueller on 10/11/11: "Warden," Michaels, and "Chief Medical Officer" are dismissed from this action. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL CRUZ,
Plaintiff,

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vs.

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No. CIV S-10-1162 KJM EFB P

MICHAELS, et al.,

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Defendants.

ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 5, 2011, the magistrate judge filed findings and recommendations,

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which were served on the parties and which contained notice to the parties that any objections to

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the findings and recommendations were to be filed within fourteen days. No objections to the

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findings and recommendations have been filed.

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The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 5, 2011, are adopted in full; and

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2. “Warden,” Michaels, and “Chief Medical Officer” are dismissed from this

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action.

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DATED: October 11, 2011.

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UNITED STATES DISTRICT JUDGE
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