Smith v. Rodriguez et al

Filing 54

ORDER signed by Judge John A. Mendez on 3/5/2015 FINDINGS AND RECOMMENDATIONS 36 are ADOPTED in FULL; and the motion to dismiss 20 filed by defendants Rodriguez and Singh is DENIED. (Reader, L)

1
2
3

UNITED STATES DISTRICT COURT

4

FOR THE EASTERN DISTRICT OF CALIFORNIA

5
6

EARL D. SMITH,

7

Plaintiff,

8
9

No. 2:13-cv-2192 JAM AC P

v.

ORDER

R. RODRIGUEZ, 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 December 23, 2014, 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. ECF No. 36. Neither

18

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

19
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 December 23, 2014, are adopted in full; and

23

2. The motion to dismiss, ECF No. 20, filed by defendants Rodriguez and Singh is

24

denied.

25

DATED: March 5, 2015

26

/s/ John A. Mendez_______________________

27

UNITED STATES DISTRICT COURT JUDGE

28
1