Romo v. Cate et al

Filing 71

ORDER ADOPTING 69 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 8/24/2015. Defendants' 59 Motion to Dismiss, which Court treats as a Motion for Summary Judgment under Federal Rules of Civil Procedure 12(d) and 56, is DENIED. (Marciel, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

EZEQUIEL ROMO,

12

Plaintiff,

13
14

No. 2:11-cv-2898 GEB DAD P

v.

ORDER

MATTHEW CATE, et al.,

15

Defendants.

16
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

17
18

under 42 U.S.C. § 1983 and state law. The matter was referred to a United States Magistrate

19

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 24, 2015, the magistrate judge filed findings and recommendations that were

20
21

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

22

recommendations were to be filed within fourteen days. No party has filed objections to the

23

findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

24
25

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

26

ORDERED that:
1. The findings and recommendations filed July 24, 2015, are adopted in full.

27
28

////
1

1

2. The motion to dismiss (ECF No. 59), which the court treats as a motion for summary

2

judgment under Federal Rules of Civil Procedure 12(d) and 56 is denied.

3

Dated: August 24, 2015

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2