Scott v. Virga

Filing 66

ORDER ADOPTING 63 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 02/28/17 ORDERING that the claims against defendant Virga are DISMISSED without leave to amend. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL EARL SCOTT,

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Plaintiff,

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v.

No. 2:12-cv-2326 KJM AC P

ORDER

TIM VIRGA, 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 as provided

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

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On December 29, 2016, 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 twenty-one days. ECF No. 63. Neither

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party has filed 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

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 29, 2016 (ECF No. 63), are

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adopted in full; and
2. The claims against defendant Virga are dismissed without leave to amend.
DATED: February 28, 2017

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UNITED STATES DISTRICT JUDGE

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