Rodriguez v. Baughman et al

Filing 75

ORDER signed by Senior Judge Morrison C. England, Jr. on 5/12/2022 ADOPTING 74 Findings and Recommendations in full; DISMISSING this action pursuant to Federal Rule of Civil Procedure 41(b); DENYING as moot defendant's 71 Motion for Summary Judgment; DIRECTING the Clerk to close this case. CASE CLOSED. (Zignago, K.)

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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-00655-MCE-CKD

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 April 13, 2022, 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 thereto

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were to be filed within fourteen (14) days. ECF No. 74. Neither party has filed objections to the

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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 April 13, 2022, ECF No. 74, are ADOPTED

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in full.

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2. This action is DISMISSED pursuant to Federal Rule of Civil Procedure 41(b).

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3. Defendant’s motion for summary judgment (ECF No. 71) is DENIED as moot.

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4. The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.

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DATED: May 12, 2022

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____________________________________
MORRISON C. ENGLAND, JR.
SENIOR UNITED STATES DISTRICT JUDGE

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