(PC) Heilman v. Vojkufka et al, No. 2:2008cv02788 - Document 179 (E.D. Cal. 2016)
Court Description: ORDER signed by District Judge Kimberly J. Mueller on 1/13/2016 FINDINGS AND RECOMMENDATIONS 178 are ADOPTED in FULL; The determination of plaintiff's 177 motion to compel defendants to reimburse certain funds into his trust account is stayed until the Supreme Court issues its decision in Bruce v. Samuels, Case No. 14-844; and defendants are directed to file a status report within 7 days of the issuance of the Bruce opinion. 175 (Reader, L)
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(PC) Heilman v. Vojkufka et al Doc. 179 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOHN HEILMAN, 12 13 14 15 No. 2:08-cv-2788-KJM-EFB P Plaintiff, v. ORDER MICHAEL VOJKUFKA, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 23, 2015, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 23, 2015, are adopted in full; 3 2. The determination of plaintiff’s motion to compel defendants to reimburse certain 4 funds into his trust account is stayed until the Supreme Court issues its decision in Bruce v. 5 Samuels, Case No. 14-844; and 6 3. Defendants are directed to file a status report within seven days of the issuance of the 7 Bruce opinion. 8 DATED: January 13, 2016. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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