Fuller v. California Correctional Health Services et al

Filing 16

ORDER signed by District Judge Troy L. Nunley on 8/1/2017 ORDERING 13 that the Order Adopting Findings and Recommendations, and dismissing this action without prejudice is CONFIRMED. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN CONRAD FULLER, 12 13 14 15 16 No. 2:16-cv-01440-TLN-EFB P Plaintiff, v. ORDER CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, et al., Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 20, 2017, the magistrate judge filed findings and recommendations herein, which 22 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 23 and recommendations were to be filed within fourteen days. Despite an extension of time, 24 Plaintiff did not file timely objections to the findings and recommendations. On July 12, 2017, 25 this Court adopted the findings and recommendations, and dismissed this action without 26 prejudice. The case was accordingly closed. 27 28 The same day the Court signed the Order adopting the findings and recommendations, Plaintiff’s belated objections to the findings and recommendations were received. In an 1 abundance of caution, the Court will reconsider the Order adopting the findings and 2 recommendations in light of Plaintiff’s objections. See Fed. R. Civ. P. 59(e) and 60(b). 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 4 Court has conducted a de novo review of this case, including Plaintiff’s objections to the findings 5 and recommendations of the magistrate judge. Having carefully reviewed the entire file, the 6 Court finds the findings and recommendations to be supported by the record and by proper 7 analysis. 8 9 10 Accordingly, IT IS HEREBY ORDERED that the Order entered on July 13, 2017 (ECF No. 13) adopting in full the findings and recommendations and dismissing this action without prejudice is CONFIRMED. 11 12 Dated: August 1, 2017 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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