(TEMP)(PC) Eleson v. Tippen et al, No. 2:2014cv02019 - Document 21 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 03/07/16 ORDERING that the 12 Motion for Summary Judgment is DISMISSED without prejudice to its renewal at the appropriate stage of these proceedings. (Benson, A)

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(TEMP)(PC) Eleson v. Tippen et al Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC RICHARD ELESON, 12 Plaintiff, 13 14 No. 2:14-cv-2019 KJM AC P (TEMP) v. ORDER SCOTT TIPPEN, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se with an action under the Freedom of 17 18 Information Act (“FOIA”), 5 U.S.C. §§ 552, et seq., against the United States Postal Service. On January 15, 2016, the magistrate judge filed findings and recommendations, which 19 20 were served on plaintiff and which contained notice that any objections to the findings and 21 recommendations were to be filed within fourteen days. ECF No. 17. Plaintiff has not filed 22 objections. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 602 24 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 25 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 26 the file, the court finds the findings and recommendations to be supported by the record and by 27 the proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 15, 2016 (ECF No. 17), are adopted 3 4 in full; 2. The motion for summary judgment filed by plaintiff, ECF No. 12, is dismissed without 5 prejudice to its renewal at the appropriate stage of these proceedings. 6 DATED: March 7, 2016 7 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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