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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JONATHAN CONRAD FULLER,

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No. 2:16-cv-01440-TLN-EFB P

Plaintiff,
v.

ORDER

CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES, et al.,
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 pursuant to

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

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On April 20, 2017, the magistrate judge filed findings and recommendations herein, which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Despite an extension of time,

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Plaintiff did not file timely objections to the findings and recommendations. On July 12, 2017,

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this Court adopted the findings and recommendations, and dismissed this action without

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prejudice. The case was accordingly closed.

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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

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abundance of caution, the Court will reconsider the Order adopting the findings and

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recommendations in light of Plaintiff’s objections. See Fed. R. Civ. P. 59(e) and 60(b).

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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, including Plaintiff’s objections to the findings

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and recommendations of the magistrate judge. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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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.

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Dated: August 1, 2017

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Troy L. Nunley
United States District Judge

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