Wilson v. Price et al

Filing 29

ORDER signed by District Judge Kimberly J. Mueller on 03/23/17 adopting in full 26 FINDINGS AND RECOMMENDATIONS. Defendant's motion to dismiss 19 is denied without prejudice (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD WILSON,

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No. 2:15-cv-0866-KJM-EFB P

Plaintiff,

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v.

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J. PRICE, et al.,

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ORDER

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 in

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

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On February 9, 2017, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. On March 3, 2017, plaintiff

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filed a notice of change of address, ECF No. 28, and on March 6, 2017, the findings and

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recommendations were re-served on plaintiff at his new address of record. 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 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. Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 9, 2017, are adopted in full; and

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2. Defendant’s motion to dismiss (ECF No. 19) is DENIED without prejudice.

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DATED: March 23, 2017

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UNITED STATES DISTRICT JUDGE
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