Opinion
2:20-cv-0232 JAM AC P
07-29-2021
RAUL CERVANTES, Plaintiff, v. S. BURCIAGA, Defendant.
ORDER
THE HONORABLE JOHN A. MENDEZ, UNITED STATES DISTRICT COURT 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 June 16, 2021, 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. 72. Both parties have filed objections to the findings and recommendations. ECF Nos. 73-76.
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 June 16, 2021, ECF No. 72, are adopted in full; and
2. Defendant's motion to dismiss, ECF No. 59, is denied without prejudice to filing a motion for summary judgment.