Ceballos v. Sogge

Full title: EDGAR CEBALLOS, Plaintiff, v. MERLE SOGGE, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jun 17, 2013

2:12-cv-0989 LKK DAD P (E.D. Cal. Jun. 17, 2013)

Opinion

EDGAR CEBALLOS, Plaintiff, v. MERLE SOGGE, et al., Defendants. No. 2:12-cv-0989 LKK DAD P United States District Court, E.D. California. June 17, 2013

          ORDER

          LAWRENCE K. KARLTON, Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On May 3, 2013, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations.

         The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed May 3, 2013 (ECF No. 33), are adopted in full;

         2. The December 27, 2012 motion to dismiss filed on behalf of defendants Deems, Hamkar, Ma, and Walker (ECF No. 16) is denied;

         3. Defendants Deems, Hamkar, Ma, and Walker shall answer the complaint within ten days from the date of this order;

         4. The January 16, 2013 motion of defendants Diercks and Wiser to dismiss is granted; and

         5. Defendants Diercks and Wiser are dismissed from this action with prejudice.