Franks v. Kelso et al

Filing 114

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/29/023 ADOPTING 113 The Findings and Recommendations in full; 106 Motion for Summary Judgment is DENIED as moot. This action is DISMISSED with prejudice pursuant to Rule 41(b) of the FRCP. The Clerk of Court shall close this case. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOM M. FRANKS,

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No. 2:17-cv-01056-KJM-CKD P

Plaintiff,
v.

ORDER

J. CLARK KELSO, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action filed under

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

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

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On February 22, 2023, the magistrate judge filed amended findings and recommendations,

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Neither party has 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,

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

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

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). 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:

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1. The amended findings and recommendations filed February 22, 2023, are adopted in

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full.

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2. Defendant’s motion for summary judgment (ECF No. 106) is denied as moot.

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3. This action is dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of

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Civil Procedure.

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4. The Clerk of Court shall close this case.

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DATED: March 29, 2023.

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