Birrell, et al., v. Fox, et al.,

Filing 16

ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the findings and recommendations filed 8/30/17 are ADOPTED in full; and All defendants other than defendant Fox in his official capacity as Warden theCalifornia Medical Facility are DISMISSED.(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WESLEY BIRRELL,

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No. 2:16-cv-1818 JAM CKD P

Plaintiffs,
v.

ORDER

ROBERT W. FOX, et al.,
Defendants.

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Plaintiffs, California prisoners proceeding with counsel, have filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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

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On August 30, 2017, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. Plaintiffs have not filed

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objections to 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

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 30, 2017 are adopted in full; and

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2. All defendants other than defendant Fox in his official capacity as Warden of the

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California Medical Facility are dismissed.

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DATED: September 28, 2017

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/s/ John A. Mendez_____________ _________

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UNITED STATES DISTRICT COURT JUDGE

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