Giraldes v. California Department of Corrections and Rehabilitation et al.

Filing 17

ORDER signed by District Judge Kimberly J. Mueller on 3/27/2018 ADOPTING 12 Findings and Recommendations in full, DISMISSING Plaintiff's Eighth Amendment claim, and DISMISSING Defendants Scott Kernan and California Department of Corrections and Rehabilitation from this action. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY GIRALDES, JR.,

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No. 2:16-cv-2139 KJM DB P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, 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 as provided

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

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On February 9, 2018, the magistrate judge filed findings and recommendations, 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. (ECF No. 12.) Plaintiff has 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 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 February 9, 2018 (ECF No. 12), are adopted

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in full;

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2. Plaintiff’s Eighth Amendment claim is dismissed; and

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3. Defendants Kernan and California Department of Corrections and Rehabilitation are

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dismissed from this action.

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DATED: March 27, 2018.

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UNITED STATES DISTRICT JUDGE

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