Arzaga v. Santiago et al

Filing 106

ORDER signed by Chief District Judge Kimberly J. Mueller on 12/16/21; Haluik ADOPTING 102 Findings and Recommendations in full DISMISSING defendants Haluik and Victoriano without prejudice; REFERRING matter back to assigned magistrate judge for all further proceedings. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL JESUS ARZAGA,

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No. 2:18-cv-0313 KJM KJN P

Plaintiff,
v.

ORDER

E. SANTIAGO, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, 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 November 9, 2021, the magistrate judge filed findings and recommendations herein

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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 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 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 November 9, 2021, are adopted in full;

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2. Defendants Haluik and Victoriano are dismissed from this action without prejudice.

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See Fed. R. Civ. P. 41(b); and
3. This matter is referred back to the assigned magistrate judge for all further

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proceedings.

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DATED: December 16, 2021.

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