Stribling v. Britton

Filing 14

ORDER signed by District Judge Kimberly J. Mueller on 12/17/18 ADOPTING 13 Findings and Recommendations in full; GRANTING 10 , 11 , and 12 which are construed together as a Motion for Reconsideration; and VACATING 8 Order. The matter is referred back to the magistrate judge for all further pretrial proceedings. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON LAMONT STRIBLING,

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No. 2:18-cv-0870-KJM-EFB P

Plaintiff,
v.

ORDER

BRITTON,
Defendant.

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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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 11, 2018, 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. Plaintiff has not filed objections to

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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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”).
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Having reviewed the file, the court finds the findings and recommendations to be supported by

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the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 11, 2018, are adopted in full;

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2. Plaintiff’s belated objections, motion for reconsideration and/or motion for extension

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of time to file objections (ECF Nos. 10, 11, 12) are construed together as a motion for

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reconsideration of the June 14, 2018 order (ECF No. 8), and so construed, the motion is

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GRANTED;

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3. The June 14, 2018 order denying plaintiff’s application for leave to proceed in forma
pauperis (ECF No. 8) is VACATED; and
4. The matter is referred back to the magistrate judge for all further pretrial proceedings.
DATED: December 17, 2018.

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UNITED STATES DISTRICT JUDGE

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