Mills v. Virga et al

Filing 15

ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 8/2/12. Defendants McElroy and Wong are DISMISSED from this action with prejudice. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA DANIEL MILLS,
Plaintiff,

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No. Civ S-12-0166 KJM GGH P

vs.
TIM VIRGA, et al.,
Defendants.

ORDER
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Plaintiff, a state prisoner proceeding with retained counsel, has filed this civil

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

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Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 23, 2012, the magistrate judge filed findings and recommendations,

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

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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 23, 2012, are adopted in full;

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and
2. Defendants Mcelroy and Wong are dismissed from this action with prejudice.
DATED: August 2, 2012.

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UNITED STATES DISTRICT JUDGE

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