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Ruiz v. Gates

United States District Court, Eastern District of California
Jun 21, 2022
2:19-CV-2518-KJM-DMC-P (E.D. Cal. Jun. 21, 2022)

Opinion

2:19-CV-2518-KJM-DMC-P

06-21-2022

ROGELIO MAY RUIZ, Plaintiff, v. S. GATES, et al., Defendants.


ORDER

Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by Eastern District of California local rules.

On August 5, 2021, the Magistrate Judge filed findings and recommendations, which were served on the parties and which contained notice that the parties may file objections within the time specified therein. No objections to the findings and recommendations have been filed.

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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] ///// 1 court . . . .”). 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 August 5, 2021, are adopted in full;

2. Plaintiff has failed to state a claim for relief against defendant Gates;

3. Gates is dismissed from this action with prejudice; and

4. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. 2


Summaries of

Ruiz v. Gates

United States District Court, Eastern District of California
Jun 21, 2022
2:19-CV-2518-KJM-DMC-P (E.D. Cal. Jun. 21, 2022)
Case details for

Ruiz v. Gates

Case Details

Full title:ROGELIO MAY RUIZ, Plaintiff, v. S. GATES, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 21, 2022

Citations

2:19-CV-2518-KJM-DMC-P (E.D. Cal. Jun. 21, 2022)