Walters v. California Department of Corrections and Rehabilitation et al

Filing 35

ORDER signed by District Judge Kimberly J. Mueller on 4/19/18 ORDERING that the findings and recommendations filed January 9, 2018, are ADOPTED in FULL; the motion to dismiss (ECF No. 13) is GRANTED; Plaintiff's state law negligence claims ag ainst defendants Gants, Hallstrom, Hassan, Pickering, and Thompson are DISMISSED as time-barred; and Defendants Gants, Hallstrom, Hassan, Pickering and Thompson are ordered to file a responsive pleading to plaintiff's Eighth Amendment claims within twenty-one days of the filed date of this order. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEBRA WALTERS,

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Plaintiff,

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No. 2:17-cv-2393 KJM KJN P

v.

ORDER

CA. DEPT OF CORRECTIONS AND
REHABILITATION (CDCR), 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.
On January 9, 2018, the magistrate judge filed findings and recommendations, which were

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

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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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 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 proper analysis.1

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 9, 2018, are adopted in full;

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2. The motion to dismiss (ECF No. 13) is granted;

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3. Plaintiff’s state law negligence claims against defendants Gants, Hallstrom, Hassan,

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Pickering, and Thompson are dismissed as time-barred; and

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4. Defendants Gants, Hallstrom, Hassan, Pickering and Thompson are ordered to file a
responsive pleading to plaintiff’s Eighth Amendment claims within twenty-one days of the filed

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date of this order.

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DATED: April 19, 2018.

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UNITED STATES DISTRICT JUDGE

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The court corrects a typographical error on page 11, ll. 9-10 in the citation to Anderson v.
Allstate Ins. Co., 630 F.2d 677, 683 (9th Cir. 1980).
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