McMillan v. Virga

Full title: JOHN McMILLAN, Plaintiff, v. TIM V. VIRGA, et al., Defendants.

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

Date published: Jul 21, 2015

2:14-cv-1106 TLN CKD P (E.D. Cal. Jul. 21, 2015)

Opinion

JOHN McMILLAN, Plaintiff, v. TIM V. VIRGA, et al., Defendants. No. 2:14-cv-1106 TLN CKD P United States District Court, E.D. California. July 21, 2015

          ORDER

          TROY L. NUNLEY, 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 May 7, 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 fourteen days. Neither party has 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 magistrate judge's analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed May 7, 2015, are adopted in full;

         2. Defendant's Motion to Dismiss (ECF No. 22) is denied.

         IT IS SO ORDERED.