Alem v. California Department of Corrections and Rehabilitation et al

Filing 20

ORDER signed by District Judge Kimberly J. Mueller on 2/27/2019 ADOPTING 14 findings and recommendations in full. The California Department of Corrections and Rehabilitation is DISMISSED as a defendant to this action. This case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL ALEM,

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Plaintiff,

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No. 2:17-CV-0343-KJM-DMC-P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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Eastern District of California local rules.
On November 20, 2018, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.

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The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations

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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]
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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations filed November 20, 2018, are adopted

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The California Department of Corrections and Rehabilitation is dismissed

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as a defendant to this action; and

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3.

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in full;

This case is referred back to the assigned magistrate judge for all further

pretrial proceedings.
DATED: February 27, 2019.

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UNITED STATES DISTRICT JUDGE

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