Franks v. Kelso et al

Filing 13

ORDER adopting in full 7 FINDINGS AND RECOMMENDATIONS, signed by District Judge Garland E. Burrell, Jr., on 11/13/17; ORDERING that Claim 1 in plaintiff's complaint and defendants M. Spearman, J. Clark Kelso and Steven Paul are DISMISSED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOM MARK FRANKS,

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No. 2:17-cv-1056 GEB CKD P

Plaintiff,
v.

ORDER

J. CLARK KELSO, 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 pursuant to

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

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On October 18, 2017 the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. 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

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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 October 18, 2017 are adopted in full; and

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2. Claim 1 in plaintiff’s complaint and all defendants other than defendant Giddings are

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dismissed.

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Dated: November 13, 2017

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