Fields v. Director of CDCR et al

Filing 70

ORDER signed by Senior Judge Morrison C. England, Jr. on 03/29/22 ADOPTING 69 Findings and Recommendations in full GRANTING 50 62 Motions for Summary Judgment. CASE CLOSED (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLTON DEWAYNE FIELDS, 12 13 No. 2: 18-cv-0653 MCE KJN P Plaintiff, v. ORDER 14 DIRECTOR OF CDCR, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 7, 2022, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections thereto 22 were to be filed within fourteen (14) days. ECF No. 69. Neither party filed objections to the 23 findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the Court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 7, 2022 (ECF No. 69), are ADOPTED 3 4 5 in full; 2. Defendants’ summary judgment motion and supplemental summary judgment motion (ECF Nos. 50, 62) are GRANTED; and 6 3. The Clerk of Court is directed to close the case. 7 IT IS SO ORDERED. 8 9 DATED: March 29, 2022 10 11 12 13 14 ____________________________________ MORRISON C. ENGLAND, JR. SENIOR UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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