Birrell v. Banzhaf, et al.

Filing 20

ORDER adopting in full 18 FINDINGS AND RECOMMENDATIONS, signed by District Judge John A. Mendez on 3/25/16. The following defendants are dismissed from this action without prejudice, pursuant to 28 U.S.C. Section 1915(b)(1): Shender, Cerda, Dovichi, Sewell, Grijalva, Sandoval, Volunteers of Vacaville, and California Medical Facility. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BELLA-CHRISTINA BIRRELL, a.k.a.
DAVID WESLEY BIRRELL,
Plaintiff,

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No. 2:14-cv-1024 JAM CKD P (TEMP)

ORDER
v.
JOYCE BANZHAF, et al.,
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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 19, 2016, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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

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objections to 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

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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 magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 19, 2016, are adopted in full; and

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2. The following defendants are dismissed from this action without prejudice, pursuant to

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28 U.S.C. Section 1915(b)(1): Shender, Cerda, Dovichi, Sewell, Grijalva, Sandoval, Volunteers

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of Vacaville, and California Medical Facility.

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DATED: March 25, 2016

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/s/ John A. Mendez__________________________

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UNITED STATES DISTRICT COURT JUDGE

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