Gallardo v. Rainwater

Full title: JUAN LEWIS GALLARDO, Plaintiff, v. R. RAINWATER, et al., Defendants.

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

Date published: Feb 9, 2015

2:14-cv-1339 KJM CKD P (E.D. Cal. Feb. 9, 2015)

Opinion

JUAN LEWIS GALLARDO, Plaintiff, v. R. RAINWATER, et al., Defendants. No. 2:14-cv-1339 KJM CKD P United States District Court, E.D. California. February 9, 2015

          ORDER

          KIMBERLY J. MUELLER, 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On October 14, 2014, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the findings and recommendations.

         The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed October 14, 2014, are adopted in full; and

         2. Defendants Rios, Fallert and Barnes are dismissed.