Wimberly v. Malmendier, et al

Filing 14

ORDER signed by District Judge Kimberly J. Mueller on 9/29/16 ORDERING that the findings and recommendations filed August 26, 2016, are ADOPTED in full; and Plaintiff's motion for remand (ECF No. 7 ) is DENIED.(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY WIMBERLY,

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Plaintiff,

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No. 2:16-cv-0279 KJM KJN P

v.

ORDER

JEFFERY BEARD, 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.
On August 26, 2016, 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, and that any response to

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objections were to be filed within fourteen days after service of objections. Plaintiff has filed

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objections to the findings and recommendations and defendants have filed a response.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 26, 2016, are adopted in full; and

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2. Plaintiff’s motion for remand (ECF No. 7) is denied.

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DATED: September 29, 2016.

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UNITED STATES DISTRICT JUDGE

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