Stephen v. Montejo et al

Filing 16

ORDER signed by District Judge Kimberly J. Mueller on 2/21/19 ADOPTING the 6 findings and recommendations filed 9/20/18, in full; DISMISSING Plaintiff's claim 2, for a data breach, and claim 3, for loss of property, from this action; DISMISSING Defendants Matolon, Stumpf, Wells Fargo Bank and Lewis from this action; and REFERRING this case back to the assigned magistrate judge for all further pretrial proceedings. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,

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No. 2:18-cv-1796 KJM DB P

v.

ORDER

E. MONTEJO, 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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 20, 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 filed objections to the

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findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the 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 September 20, 2018, are adopted in full;

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2. Plaintiff’s claim 2, for a data breach, and claim 3, for loss of property, are dismissed

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from this action;
3. Defendants Matolon, Stumpf, Wells Fargo Bank and Lewis are dismissed from this
action; and
4. This case is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: February 21, 2019.

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UNITED STATES DISTRICT JUDGE

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