Opinion
2:22-cv-00441 KJM AC P
03-20-2023
ROMAINE NEVELS, Plaintiff, v. J. KERN, Defendant.
ORDER
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 January 23, 2023, 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 twenty-one days. ECF No. 7. Plaintiff has filed objections to the findings and recommendations. ECF No. 12.
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 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 January 23, 2023 (ECF No. 7), are adopted in full;
2. The complaint is dismissed against defendant Kern in his official capacity; and
3. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings.