Flournoy v. Sacramento County Sheriff Dept et al

Filing 68

ORDER signed by Judge Kimberly J. Mueller on 9/30/14 ORDERING that The findings and recommendations filed August 14, 2014, are adopted in full; and Defendant Bauer's motion to dismiss plaintiff's ADA claim 41 is granted and defendant Bauer is directed to file an answer to plaintiff's remaining claims within thirty days of this order. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES HENRY FLOURNOY,

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No. 2:11-cv-2844-KJM-EFB P

Plaintiff,
v.

ORDER

ERIC MANESS, et al.,
Defendants.

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

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge under 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 14, 2014, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.

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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 reviewed the file, the court finds the findings and recommendations to be

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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 August 14, 2014, are adopted in full; and

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2. Defendant Bauer’s motion to dismiss plaintiff’s ADA claim (ECF No. 41) is granted

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and defendant Bauer is directed to file an answer to plaintiff’s remaining claims within thirty days

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of this order.

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DATED: September 30, 2014.

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UNITED STATES DISTRICT JUDGE

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