Anderson v. Virga et al

Filing 102

ORDER signed by District Judge Kimberly J. Mueller on 2/22/19 ADOPTING 96 FINDINGS AND RECOMMENDATIONS in full; DENYING 80 Motion for Summary Judgment; REFERRING this matter back to the assigned Magistrate judge for all further pretrial proceedings. (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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ERIC ZACHARY ANDERSON,

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No. 2:15-cv-1148-KJM-EFB P

Plaintiff,
v.

ORDER

TIM VIRGA, 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 11, 2018, 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. 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”).

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

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

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1. The findings and recommendations filed October 11, 2018, are adopted in full;

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2. The April 16, 2018 motion for summary judgment (ECF No. 80), brought by

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defendants Meier, Riley, and Boe, is DENIED; and
3. This matter is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: February 22, 2019.

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UNITED STATES DISTRICT JUDGE

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