Juarez v. Butts et al

Filing 96

ORDER signed by District Judge John A. Mendez on 01/15/19 ADOPTING the findings and recommendations filed 10/26/18 81 as amended by the 12/28/18 order 92 and DISMISSING plaintiff's claims against defendant Monk. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE JUAREZ,

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No. 2:15-cv-1996 JAM DB P
Plaintiff,

v.

ORDER

M. HLAING, et al.,

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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 pursuant to

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

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On October 26, 2108, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections to the findings and recommendations. In response, the magistrate judge issued an

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order, filed December 28, 2018, in which she amended the October 26 findings and

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recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations, as amended, to be supported by the record and by
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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 26, 2018 (ECF No. 81) are adopted

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as amended by the December 28, 2018 order (ECF No. 92); and
2. Plaintiff’s claims against defendant Monk are dismissed.

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DATED: January 15, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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