Hardney v. Warren et al
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 6/25/2018 ADOPTING 49 Findings and Recommendations in full and GRANTING 41 Motion to Stay. This case is STAYED pending the resolution of plaintiff's criminal case; and Defendants are DIRECTED to file a status report, within 90 days of this order, updating the court as to the status of plaintiff's criminal case. (York, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN HARDNEY,
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No. 2:16-cv-0172-KJM-EFB P
Plaintiff,
v.
ORDER
R. WARREN, 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 as provided
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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On May 10, 2018, the magistrate judge filed findings and recommendations, which were
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served on all parties and which contained notice to all parties that any objections to the findings
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and recommendations were to be filed within fourteen days. Neither party has filed objections to
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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 May 10, 2018, are adopted in full;
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2. Defendants’ motion to stay (ECF No. 41) is GRANTED;
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3. This case is stayed pending the resolution of plaintiff’s criminal case; and
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4. Defendants are directed to file a status report, within ninety days of this order, updating
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the court as to the status of plaintiff’s criminal case.
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DATED: June 25, 2018.
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UNITED STATES DISTRICT JUDGE
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