Garcia v. Lee et al
Filing
40
ORDER signed by District Judge Morrison C. England, Jr on 2/22/17 ORDERING that the findings and recommendations filed January 5, 2017, are ADOPTED in full; Defendant's motion for summary judgment (ECF No. 32 ) is DENIED; and this action is REFERRED back to the magistrate judge for further scheduling. (Becknal, R)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
CARLOS J. GARCIA,
12
13
14
15
No. 2:15-cv-1888 MCE CKD P
Plaintiff,
v.
ORDER
BONNIE LEE, et al.,
Defendants.
16
17
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
18
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
19
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20
On January 5, 2017, the magistrate judge filed findings and recommendations herein
21
which were served on all parties and which contained notice to all parties that any objections to
22
the findings and recommendations were to be filed within fourteen days. Neither party has filed
23
objections to the findings and recommendations.
24
The court presumes that any findings of fact are correct. See Orand v. United States, 602
25
F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
26
See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having
27
reviewed the file, the court finds the findings and recommendations to be supported by the record
28
and by the magistrate judge’s analysis.
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed January 5, 2017, are adopted in full;
3
2. Defendant’s motion for summary judgment (ECF No. 32) is denied; and
4
3. This action is referred back to the magistrate judge for further scheduling.
5
IT IS SO ORDERED.
6
Dated: February 22, 2017
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?