Peacock v. Horowitz

Filing 24

ORDER signed by District Judge Troy L. Nunley on 3/31/2015 ADOPTING IN FULL 22 Findings and Recommendations; DENYING 16 Motion to Dismiss. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD PEACOCK,

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Plaintiff,

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No. 2:13-cv-2506 TLN AC P

v.

ORDER

HOROWITZ,

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Defendant.

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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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 18, 2015, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty-one days. (ECF No. 22.)

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Defendant has filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 18, 2015, are adopted in full; and

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2. The Motion to Dismiss filed by Defendant Horowitz (ECF No. 16) is denied.

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IT IS SO ORDERED.

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Dated: March 31, 2015

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Troy L. Nunley
United States District Judge

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