Rankins v. Liu et al

Filing 78

ORDER signed by District Judge Kimberly J. Mueller on 11/19/19 ADOPTING 76 Findings and Recommendations in full and GRANTING 53 Motion for Summary Judgment. CASE CLOSED. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NORMAN RANKINS,

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Plaintiff,

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No. 2:15-cv-01164 KJM DB P

v.

ORDER

ALEXANDER LIU,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 17, 2019, 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. (ECF No. 76.) Neither

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party has filed 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]

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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by 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 17, 2019, are adopted in full;

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2. Defendant’s motion for summary judgment is granted; and

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3. The Clerk of Court is directed to close this case.

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DATED: November 19, 2019.

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UNITED STATES DISTRICT JUDGE

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