(PC) Trujillo v. Alvarez, No. 1:2014cv00976 - Document 35 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 33 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 05/22/2018. (Flores, E)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 GUILLERMO CRUZ TRUJILLO, Case No. 1:14-cv-00976-LJO-EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 9 v. (ECF NOS. 14, 19 & 33) 10 MUNOZ and ALVAREZ, 11 Defendants. 12 13 Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma 14 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred 15 to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On May 11, 2018, Magistrate Judge Erica P. Grosjean entered findings and 17 recommendations, recommending “that this action proceed against defendant Alvarez on 18 Plaintiff’s claim for unreasonable searches in violation of the Fourth Amendment, and that all 19 other claims and defendants be dismissed.” (ECF No. 33, p. 9). 20 Plaintiff was provided an opportunity to file objections to the findings and 21 recommendations. On May 21, 2018, Plaintiff filed what the Court construes as a statement of 22 non-opposition. (ECF No. 34). 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 24 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 25 the Court finds the findings and recommendations to be supported by the record and proper 26 analysis. 27 Accordingly, THE COURT HEREBY ORDERS that: 28 1. The findings and recommendations issued by the magistrate judge on May 11, 1 1 2 2018, are ADOPTED in full; 2. 3 This case proceed against defendant Alvarez on Plaintiff’s claim for unreasonable searches in violation of the Fourth Amendment; 4 3. All other claims and defendants are DISMISSED; 5 4. The Clerk of Court is DIRECTED to reflect the dismissal of defendant Munoz 6 on the Court’s docket, and to add defendant Alvarez, a Correctional Lieutenant; 7 and 8 5. This case is referred back to the magistrate judge for further proceedings. 9 10 11 12 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 22, 2018 UNITED STATES CHIEF DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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