(PC) Washington v. Gamboa, et al., No. 1:2017cv00302 - Document 38 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS IN FULL; and ORDER GRANTING 33 Defendants' Motion for Judgment on the Pleadings as to All State Law Claims signed by Chief Judge Lawrence J. O'Neill on 7/19/2018. (Jessen, A)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JESSE WASHINGTON, 10 11 12 13 Case No. 1:17-cv-00302-LJO-EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT DEFENDANTS’ MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS BE GRANTED v. H. GAMBOA and R. ROQUE, Defendants. (Doc. Nos. 33, 36) 14 15 16 Jesse Washington (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 17 in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to United States 18 Magistrate Judge Erica P. Grosjean pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On March 8, 2018, H. Gamboa and R. Roque (“Defendants”) filed a motion for judgment 20 on the pleading as to all state law claims asserted in this action. (Doc. No. 33). Plaintiff did not 21 oppose the motion. (Doc. No. 35). On May 1, 2018, the Magistrate Judge issued findings and 22 recommendations, recommending that Defendants’ motion for judgment on the pleadings be 23 granted. (Doc. No. 36). The findings and recommendations directed the parties to file any 24 objections within fourteen days of service thereof. Id. The fourteen-day period has expired, and 25 no party has filed objections. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 Court finds the findings and recommendations to be supported by the record and proper analysis. 1 1 Accordingly, 1. 2 The findings and recommendations issued May 1, 2018, (Doc. No. 36), are adopted in full; 3 2. 4 Defendants’ motion for judgment on the pleading as to all state law claims, (Doc. No. 33), is granted; and 5 3. 6 This case is referred back to the assigned Magistrate Judge for further proceedings. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ July 19, 2018 UNITED STATES CHIEF DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2