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.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS ANDERSON,

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Plaintiff,

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No. 2:16-cv-00018-TLN-CKD

v.

ORDER

CALIFORNIA MEDICAL FACILITY,
SOLANO, et al.,
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.
On July 20, 2017, the magistrate judge filed findings and recommendations herein which

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

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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the findings and recommendations.1

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/////

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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.
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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the Court finds the findings and recommendations to be supported by the record and by

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the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 20, 2017, are adopted in full; and

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2. All defendants other than defendants Hernandez and Mendoza and all claims other than

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those arising under the First and Eighth Amendments described in the magistrate judge’s findings

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and recommendations are dismissed.

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Dated: October 3, 2017

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Troy L. Nunley
United States District Judge

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