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Dicey v. Hanks

United States District Court, Ninth Circuit, California, E.D. California
Oct 15, 2015
2:14-cv-2018 JAM AC P (E.D. Cal. Oct. 15, 2015)

Opinion


BERLAN LYNELL DICEY, Plaintiff, v. W. HANKS, et al., Defendants. No. 2:14-cv-2018 JAM AC P United States District Court, E.D. California. October 15, 2015

          ORDER

          JOHN A. MENDEZ, District 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 August 14, 2015, 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 twenty-one days. ECF No. 29. Plaintiff has filed objections to the findings and recommendations (ECF No. 32) and defendant Statti has responded (ECF No. 33).

Although not filed by the Clerk of the Court until September 25, 2015, plaintiff's certificate of service reflects that the objections were submitted to prison officials for mailing on September 3, 2015. ECF No. 32 at 29. Under the prison mailbox rule, plaintiff's objections are timely. See Houston v. Lack, 487 U.S. 266, 276 (1988).

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed August 14, 2015 (ECF No. 29), are adopted in full; and

         2. Defendant Statti's motion to dismiss (ECF No. 15) is granted and the claims against defendant Statti are dismissed with prejudice.


Summaries of

Dicey v. Hanks

United States District Court, Ninth Circuit, California, E.D. California
Oct 15, 2015
2:14-cv-2018 JAM AC P (E.D. Cal. Oct. 15, 2015)
Case details for

Dicey v. Hanks

Case Details

Full title:BERLAN LYNELL DICEY, Plaintiff, v. W. HANKS, et al., Defendants.

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

Date published: Oct 15, 2015

Citations

2:14-cv-2018 JAM AC P (E.D. Cal. Oct. 15, 2015)