Scherffius v. Smith et al

Filing 98

ORDER signed by District Judge John A. Mendez on 9/1/2021 ADOPTING 96 The Findings and Recommendations in full; DENYING 92 Motion for relief from judgment. (Mena-Sanchez, L)

Case 2:13-cv-01277-JAM-DB Document 98 Filed 09/01/21 Page 1 of 2
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL E. SCHERFFIUS,

12

Plaintiff,

13
14

No. 2:13-cv-1277 JAM DB P

v.

ORDER

CHRISTOPHER SMITH, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

17
18

42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28

19

U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 9, 2021, the magistrate judge filed findings and recommendations herein which

20
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 twenty days. (ECF No. 96.) Neither party

23

has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

24
25

supported by the record and by the magistrate judge’s analysis.

26

////

27

////

28

////

Case 2:13-cv-01277-JAM-DB Document 98 Filed 09/01/21 Page 2 of 2
1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed July 9, 2021 (ECF No. 96), are adopted in

3
4

full; and
2. Plaintiff’s motion for relief from judgment (ECF No. 92) is denied.

5
6
7
8

Dated: September 1, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2