Mendoza v. Spadaro et al.
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 7/19/18 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/4/18 51 are ADOPTED in full; and All defendants and claims other than a claim arising under the Eighth Amendment against defendant Spadaro are DISMISSED. (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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TORBIO MENDOZA,
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No. 2:16-cv-0855 KJM CKD P
Plaintiff,
v.
ORDER
SPADARO, 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 June 4, 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 June 4, 2018, are adopted in full; and
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2. All defendants and claims other than a claim arising under the Eighth Amendment
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against defendant Spadaro are dismissed.
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DATED: July 19, 2018.
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UNITED STATES DISTRICT JUDGE
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