(PC) Davis v. Herrick et al, No. 1:2015cv01299 - Document 55 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 1 & 52 , signed by Chief Judge Lawrence J. O'Neill on 3/20/2018: Plaintiff's claim against defendant Herrick based on the alleged filing of a false rules violation report is DISMISSED. (Hellings, J)
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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 GLEN A. DAVIS, 8 Plaintiff, 9 10 v. Case No. 1:15-cv-01299-LJO-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NOS. 1 & 52) A. HERRICK and R. PARKER, 11 Defendants. 12 13 Glen A. Davis (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 14 in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a 15 United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On February 15, 2018, Magistrate Judge Erica P. Grosjean entered findings and 17 recommendations, recommending that Plaintiff’s claim against defendant Herrick based on the 18 alleged filing of a false rules violation report be dismissed. (ECF No. 52). 19 Both parties were provided an opportunity to file objections to the findings and 20 recommendations. The time period for objecting has passed, and no objections have been 21 filed.1 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 23 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 24 the Court finds the findings and recommendations to be supported by the record and proper 25 analysis. 26 27 28 1 Plaintiff filed “Objections to Magistrate Judges Findings and Recommendations” on March 8, 2018. (ECF No. 53). However, these objections appear to relate to the findings and recommendations that were issued on February 13, 2018 (ECF No. 51). 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The findings and recommendations issued by the magistrate judge on February 15, 3 4 2018, are ADOPTED in full; and 2. Plaintiff’s claim against defendant Herrick based on the alleged filing of a false 5 rules violation report is DISMISSED. 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ March 20, 2018 UNITED STATES CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2