Roberts v. California Department of Corrections et al

Filing 15

ORDER signed by Judge Kimberly J. Mueller on 9/27/12 ORDERING 10 FINDINGS AND RECOMMENDATIONS are adopted except for the citation to Eason v Clark County School District; and all defendants are dismissed except for the California Department of Corrections and Rehabilitation. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL DEAN ROBERTS,
Plaintiff,

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No. CIV S-12-0247 KJM GGH P

vs.

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CALIFORNIA DEPARTMENT
OF CORRECTIONS, et al.,
ORDER

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Defendants.
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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 May 7, 2012, the magistrate judge filed findings and recommendations, which

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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. Plaintiff has not 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
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, with one minor exception, by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 7, 2012, are adopted except for

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the citation to Eason v. Clark County School Dist., 303 F.3d 1137, 1144 (9th Cir. 2002); and
2. All defendants are dismissed except for the California Department of

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Corrections and Rehabilitation.

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DATED: September 27, 2012.

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UNITED STATES DISTRICT JUDGE

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