Rodriguez v. Baughman et al

Filing 26

ORDER signed by District Judge Morrison C. England, Jr. on 11/14/18 ADOPTING 16 Findings and Recommendations in full and DISMISSING Defendant Warden Baughman from this action. David Baughman (Warden) terminated. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN GARCIA RODRIGUEZ,

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No. 2:18-cv-0655 MCE CKD P

Plaintiff,
v.

ORDER

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DAVID BAUGHMAN, et al.,

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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 August 28, 2018, the Magistrate Judge filed Findings and Recommendations (ECF

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No. 16) herein which were served on Plaintiff and which contained notice that any objections to

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the Findings and Recommendations were to be filed within fourteen (14) days. Plaintiff has not

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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

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record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed August 28, 2018 (ECF No. 16) are

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ADOPTED in full; and

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2. Defendant Warden Baughman is dismissed from this action.

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IT IS SO ORDERED.

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Dated: November 14, 2018

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