(PC) Ehringer v. State of California, No. 2:2015cv00985 - Document 26 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 24 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 03/29/16 ORDERING that plainiff's 5 Motion for Release is DENIED. (Benson, A)

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(PC) Ehringer v. State of California Doc. 26 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORION S. EHRINGER, 12 Plaintiff, 13 14 No. 2:15-cv-0985 KJM AC P v. ORDER STATE OF CALIFORNIA, 15 Defendant. 16 Plaintiff, a former county jail inmate now in Metropolitan State Hospital in 17 18 Norwalk, California, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The 19 matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. On March 1, 2016, the magistrate judge filed findings and recommendations, 21 22 which were served on plaintiff and which contained notice to plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 24 objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United 25 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 28 ///// 1 Dockets.Justia.com 1 1983). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis.1 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed March 1, 2016, are adopted in full; 5 and 6 7 2. Plaintiff’s motion for release (ECF No. 5) is denied. DATED: March 29, 2016 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 1 The court construes the complete sentence on page 9, line 20, as a reiteration of the recommendation that petitioner’s motion for release be denied rather than as a ruling on the motion. 2

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