Fratus v. Mazyck et al

Filing 28

ORDER signed by District Judge Kimberly J. Mueller on 3/10/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/7/17 27 are ADOPTED in full; and Defendants' MOTION to DISMISS 16 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN FRATUS,

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No. 2:16-cv-0076-KJM-EFB P
Plaintiff,

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v.

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MAZYCK, et al.,

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ORDER

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 as provided

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

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On February 7, 2017, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.

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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 proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 7, 2017, are adopted in full; and

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2. Defendants’ motion to dismiss (ECF No. 16) is DENIED.

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DATED: March 10, 2017

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UNITED STATES DISTRICT JUDGE

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