Johnson v. Beard

Filing 234

ORDER signed by District Judge Daniel J. Calabretta on 3/29/2024 ADOPTING IN FULL 233 Findings and Recommendations; DENYING 229 , 230 Motions for Default Judgment; and DISMISSING this action. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL JOHNSON,

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Plaintiff,

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v.

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BEARD, et al.,

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No. 2:15-cv-1313 DJC KJN P

ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking

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

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 29, 2023, the Magistrate Judge filed findings and

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recommendations herein which were served on all parties, and which contained

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notice to all parties that any objections to the findings and recommendations were to

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be filed within fourteen days. Neither party filed objections to the findings and

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recommendations.

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The Court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law

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are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454

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(9th Cir. 1983). Having reviewed the file, the Court finds the findings and
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recommendations to be supported by the record and by the Magistrate Judge’s

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 29, 2023, are adopted

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in full;

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2. Plaintiff’s motions for default judgment (ECF Nos. 229, 230) are denied; and

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3. This action is dismissed.

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4. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

March 29, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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/john15cv1313.801

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