Jones v. Ballesteros et al

Filing 42

ORDER signed by Judge Kimberly J. Mueller on 1/18/13 ADOPTING in full 35 Findings and Recommendations and DENYING 39 Motion for Reconsideration. Defendant Lee is DISMISSED from this action without prejudice. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMY JONES,
Plaintiff,

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No. 2:10-cv-2661 KJM EFB P

vs.
BALLESTEROS, et al.,
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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 24, 2012, the magistrate judge filed an order and findings and

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recommendations, which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within fourteen days from

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the date the findings and recommendations were served. Plaintiff has filed objections to the

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findings and recommendations that discuss the order; the court construes the discussion of the

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order as a motion for reconsideration.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the file,

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the court finds the findings and recommendations to be supported by the record and by the

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proper analysis.

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In addition, under Local Rule 303(f), a magistrate judge’s order shall be upheld

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unless “clearly erroneous or contrary to law.” Upon review of the file, the magistrate judge’s

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ruling was not clearly erroneous or contrary to law.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 24, 2012 are adopted in full;

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2. Defendant Lee is dismissed from this action without prejudice; and

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3. The motion for reconsideration is denied.

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DATED: January 18, 2013.

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UNITED STATES DISTRICT JUDGE

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