Stine v. Bureau of Prisons et al

Filing 56

ORDER ADOPTING 55 Findings and Recommendations in full signed by District Judge Troy L. Nunley on 01/15/20 DENYING 49 50 Plaintiffs motions to withdraw the voluntary dismissal and to reopen this action. This action shall remain closed. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKEAL GLENN STINE,

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Plaintiff,

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v.

No. 2:18-cv-00684-TLN-KJN

ORDER

BUREAU OF PRISONS, et al.,
Defendants.

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Plaintiff Mikael Glenn Stine (“Plaintiff”), federal prisoner proceeding pro se, brings this

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civil action pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics,

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403 U.S. 388 (1971). The matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 16, 2019, the magistrate judge filed findings and recommendations which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. (ECF No. 55.) Plaintiff has not filed

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objections to the Findings and Recommendations.

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Accordingly, the Court presumes that any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983); see also 28 U.S.C. § 636(b)(1).
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Having reviewed the file under the applicable legal standards, the Court finds the Findings
and Recommendations to be supported by the record 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 December 16, 2019, are adopted in full;

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2. Plaintiff’s motions to withdraw the voluntary dismissal and to reopen this action (ECF

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Nos. 49, 50) are denied; and

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3. This action shall remain closed.

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IT IS SO ORDERED.

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Dated: January 15, 2020

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Troy L. Nunley
United States District Judge

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