James v. Price et al

Filing 34

ORDER signed by District Judge Morrison C. England, Jr on 8/24/18: The findings and recommendations 31 are ADOPTED IN FULL. All Defendants other than Defendant Austin, and all claims other than Claim III in Plaintiff's amended complaint are DISMISSED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNIE JAMES,

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No. 2:17-cv-1433 MCE CKD P

Plaintiff,

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v.

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J. PRICE, et al.,

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ORDER

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 July 9, 2018, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. ECF No. 31. Neither party

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has filed 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 July 9, 2018, ECF No. 31, are ADOPTED IN

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FULL; and
2. All Defendants other than Defendant Austin, and all claims other than Claim III in
Plaintiff’s amended complaint are DISMISSED.
IT IS SO ORDERED.
Dated: August 24, 2018

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