Anderson v. California Medical Facility - Solano
Filing
43
ORDER ADOPTING 38 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 10/03/17 DISMISSING all defendants other than defendants Hernandez and Mendoza and all claims other than those arising under the First and Eighth Amendments described in the magistrate judge's findings and recommendations. (Benson, A.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JULIUS ANDERSON,
12
Plaintiff,
13
14
15
No. 2:16-cv-00018-TLN-CKD
v.
ORDER
CALIFORNIA MEDICAL FACILITY,
SOLANO, et al.,
Defendants.
16
17
18
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
19
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
20
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 20, 2017, the magistrate judge filed findings and recommendations herein which
21
22
were served on plaintiff and which contained notice to plaintiff that any objections to the findings
23
and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to
24
the findings and recommendations.1
25
/////
26
27
28
1
On August 9, 2017, plaintiff submitted a document titled “Objections to Findings and
Recommendations.” However the document is actually a motion seeking leave to file a fourth
amended complaint.
1
1
The Court presumes that any findings of fact are correct. See Orand v. United States, 602
2
F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
3
See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed
4
the file, the Court finds the findings and recommendations to be supported by the record and by
5
the magistrate judge’s analysis.
6
Accordingly, IT IS HEREBY ORDERED that:
7
1. The findings and recommendations filed July 20, 2017, are adopted in full; and
8
2. All defendants other than defendants Hernandez and Mendoza and all claims other than
9
those arising under the First and Eighth Amendments described in the magistrate judge’s findings
10
and recommendations are dismissed.
11
12
Dated: October 3, 2017
13
14
15
Troy L. Nunley
United States District Judge
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?