Miccio v. Miranda et al

Filing 24

ORDER signed by District Judge Kimberly J. Mueller on 5/7/2018 FINDINGS AND RECOMMENDATIONS 19 are ADOPTED in FULL; Defendant Scott Kernan is DISMISSED; and this matter is REFERRED back to the Magistrate Judge assigned to this case. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO MICCIO,

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No. 2:17-cv-0932 KJM CKD P
Plaintiff,

v.

ORDER

MIRANDA, 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 March 14, 2018, the magistrate judge filed findings and recommendations, which were

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

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recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the

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

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1. The findings and recommendations filed March 14, 2018 are adopted in full;

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2. Defendant Kernan is dismissed; and

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3. This matter is referred back to the magistrate judge assigned to this case.

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DATED: May 7, 2018.

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UNITED STATES DISTRICT JUDGE

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