(PC)Beteta v. Gray

Filing 31

ORDER signed by District Judge Dale A. Drozd on 11/17/2022 ADOPTING the 27 Findings and Recommendations in full. The 21 Motion to Dismiss is GRANTED and this action shall proceed only on plaintiff's claims against defendant in his individual capacity. This action is REFERRED back to the assigned magistrate judge for further proceedings. (Spichka, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSE N. BETETA,

12
13
14
15

Plaintiff,
v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
UNOPPOSED MOTION TO DISMISS
CERTAIN CLAIMS

GRAY,
Defendant.

(Doc. No. 21, 27)

16
17

No. 2:22-cv-00037-DAD-CKD (PC)

Plaintiff Jose N. Beteta is a state prisoner proceeding pro se and in forma pauperis in this

18

civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United

19

States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On October 5, 2022, the assigned magistrate judge issued findings and recommendations

21

recommending that defendant’s unopposed motion to dismiss plaintiff’s claims against defendant

22

Gray in his official capacity (Doc. No. 21) be granted. (Doc. No. 27.) The pending findings and

23

recommendations were served on the parties and contained notice that any objections thereto

24

were to be filed within fourteen (14) days after service. (Id. at 2.) No objections have been filed,

25

and the time in which to do so has now passed.

26

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

27

de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

28

findings and recommendations are supported by the record and proper analysis.
1

1

Accordingly,

2

1.

3

adopted in full;

4

2.

5

Defendant’s motion to dismiss plaintiff’s claims against him in his official
capacity (Doc. No. 21) is granted;

6

3.

7

This action shall proceed only on plaintiff’s claims against defendant in his
individual capacity; and

8

4.

9

This action is referred back to the assigned magistrate judge for further
proceedings.

10
11

The findings and recommendations issued on October 5, 2022 (Doc. No. 27) are

IT IS SO ORDERED.
Dated:

November 17, 2022
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2