(PC) Gallardo v. Rainwater, et al.

Filing 21

ORDER signed by Judge Kimberly J. Mueller on 2/9/15 ADOPTING IN FULL #6 Findings and Recommendations. Defendants C. Rios, R. Barnes and Fallert terminated. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN LEWIS GALLARDO,

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No. 2:14-cv-1339 KJM CKD P

Plaintiff,
v.

ORDER

R. RAINWATER, 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 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 14, 2014, 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 reviewed

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

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the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 14, 2014, are adopted in full; and

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2. Defendants Rios, Fallert and Barnes are dismissed.

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DATED: February 9, 2015.

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UNITED STATES DISTRICT JUDGE

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