Nunez v. Porter, et al

Filing 54

ORDER adopting in full 52 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 3/20/15. Defendants' 44 motion to dismiss plaintiff's Fourteenth Amendment claim is GRANTED as to all defendants. (Kastilahn, A)

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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 CURTIS NUNEZ, JR., 7 8 9 No. 2:12-cv-2775 JAM KJN P Plaintiff, v. ORDER K.M. PORTER, et al., 10 Defendants. 11 12 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 13 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 14 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 15 On February 13, 2015, the magistrate judge filed findings and recommendations herein 16 which were served on all parties and which contained notice to all parties that any objections to 17 the findings and recommendations were to be filed within fourteen days. Neither party has filed 18 objections to the findings and recommendations. 19 The court has reviewed the file and finds the findings and recommendations to be 20 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 21 ORDERED that: 22 1. The findings and recommendations filed February 13, 2015, are adopted in full; and 23 2. Defendants’ motion to dismiss plaintiff’s Fourteenth Amendment claim (ECF No. 44) 24 is granted as to all defendants. 25 DATED: March 20, 2015 26 /s/ John A. Mendez_______________________ 27 UNITED STATES DISTRICT COURT JUDGE 28 1

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