Windham v. California Medical Facility, et al

Filing 22

ORDER signed by Chief Judge Morrison C. England, Jr. on 2/29/2016 FINDINGS AND RECOMMENDATIONS 19 are ADOPTED in FULL; Defendant Brian Duffy is DISMISSED from this action. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL WINDHAM, JR.,

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Plaintiff,

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No. 2:15-cv-1058 MCE CKD P

v.

ORDER

CALIFORNIA MEDICAL FACILITY, et
al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, 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 January 28, 2016, the magistrate judge filed Findings and Recommendations herein

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(ECF No. 19) which were served on all parties and which contained notice that any objections to

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the Findings and Recommendations were to be filed within fourteen days. No party has filed

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objections to the Findings and Recommendations.
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

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record 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 28, 2016 (ECF No. 19) are

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ADOPTED IN FULL.

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2. Defendant Duffy is DISMISSED from this action.

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IT IS SO ORDERED.

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Dated: February 29, 2016

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