Cooper v. Heatley et al

Filing 33

ORDER signed by Judge Kimberly J. Mueller on 1/10/14 ORDERING that The Findings and Recommendations filed 11/6/13, 32 are ADOPTED in full; Defendant H. Walter Pepper's unopposed 8/15/13, MOTION to DISMISS 22 is GRANTED; Defendant H. Walter Pepper is DISMISSED from this action; and This action shall proceed as to defendants Scott Heatley and Terry Weinholdt only. (Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GOLDYN COOPER, 12 13 14 15 No. 2:12-cv-00602 KJM DAD P Plaintiff, v. ORDER SCOTT HEATLEY, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 6, 2013, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 6, 2013, are adopted in full; 3 2. Defendant H. Walter Pepper’s unopposed August 15, 2013 motion to dismiss (ECF 4 No. 22) is granted; 5 3. Defendant H. Walter Pepper is dismissed from this action; and 6 4. This action shall proceed as to defendants Scott Heatley and Terry Weinholdt only. 7 DATED: January 10, 2014. 8 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?