Oliver v. Shelton et al

Filing 31

ORDER signed by District Judge Kimberly J. Mueller on 4/22/19 ADOPTING the findings and recommendations filed February 11, 2019, in full; GRANTING Defendants' unopposed motion to dismiss (Doc. 22 ); Plaintiff shall file a first amended complaint which contains a request for relief pursuant to Federal Rule of Civil Procedure 8(a)(3) within 30 days of the date of this order; and This matter is referred back to the assigned magistrate judge for all further purposes. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARON MICHAEL OLIVER,

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Plaintiff,

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No. 2:18-CV-1809-KJM-DMC

v.

ORDER

DUANE SHELTON, et al.,

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Defendants.

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Plaintiff, who is proceeding pro se, brings this civil action. The matter was

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referred to a United States Magistrate Judge as provided by Eastern District of California local

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rules.

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On February 11, 2019, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.

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The court presumes that any findings of fact are correct. See Orand v. United

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

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

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supported by 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 February 11, 2019, are adopted in

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Defendants’ unopposed motion to dismiss (Doc. 22) is granted;

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3.

Plaintiff shall file a first amended complaint which contains a request for

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full;

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relief pursuant to Federal Rule of Civil Procedure 8(a)(3) within 30 days of the date of this order;

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and

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4.

This matter is referred back to the assigned magistrate judge for all further

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purposes.

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DATED: April 22, 2019.

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UNITED STATES DISTRICT JUDGE

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