Diaz v. Fox et al

Filing 26

ORDER signed by Judge John A. Mendez on 12/10/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/19/15 21 are ADOPTED in full; and all Defendants and claims are DISMISSED from this Action with prejudice except Eighth Amendment deliberate indifference claims against Ferreira and Stankiewicz. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL DIAZ,

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No. 2:14-cv-2705 JAM CKD P
Plaintiff,

v.

ORDER

R. FOX, 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 October 19, 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 fourteen days. Neither party has 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 October 19, 2015, are adopted in full; and

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2. All defendants and claims are dismissed from this action with prejudice except Eighth

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Amendment deliberate indifference claims against Ferreira and Stankiewicz.

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DATED: December 10, 2015

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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