Garduno v. McDonald et al

Filing 29

ORDER signed by District Judge Morrison C. England, Jr. on 1/16/2019 ADOPTED in FULL 24 Finding and Recommendations. Previously-named defendant Warden Mike McDonald is DISMISSED from this action without prejudice. This case shall proceed on Plaintiff's remaining claims. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN GARDUNO, 12 13 14 No. 2:15-cv-02370 MCE AC P Plaintiff, v. ORDER MIKE MCDONALD, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 3, 2018, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 24. Plaintiff has 23 not filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed December 3, 2018, (ECF No. 24) are ADOPTED in full; 1 1 2 2. Previously-named defendant Warden Mike McDonald is DISMISSED from this action without prejudice; 3 3. This case shall proceed on Plaintiff’s remaining claims. 4 IT IS SO ORDERED. 5 Dated: January 16, 2019 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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