Williams v. Freeze et al

Filing 15

ORDER signed by Judge Kimberly J. Mueller on 12/19/2013 ORDERING that the 12 Findings and Recommendations are ADOPTED in full. Defendants Swarthout, Freeze, Hardy, Foston, and Allen are DISMISSED from this action without prejudice. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRES WILLIAMS,

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No. 2:12-cv-2894-KJM-KJN-P

Plaintiff,

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v.

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FREEZE, et al.,

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ORDER

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 October 24, 2013, 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 findings

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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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 carefully

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

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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 October 24, 2013, are adopted in full; and

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2. Defendants Swarthout, Freeze, Hardy, Foston, and Allen are dismissed from this action

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without prejudice.

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DATED: December 19, 2013.

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UNITED STATES DISTRICT JUDGE

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