-EFB (PC) Cruz v. Michaels et al, No. 2:2010cv01162 - Document 40 (E.D. Cal. 2011)
Court Description: ORDER adopting 30 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Kimberly J. Mueller on 10/11/11: "Warden," Michaels, and "Chief Medical Officer" are dismissed from this action. (Kaminski, H)
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-EFB (PC) Cruz v. Michaels et al Doc. 40 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 DANIEL CRUZ, Plaintiff, 12 13 14 15 16 17 No. CIV S-10-1162 KJM EFB P vs. MICHAELS, et al., Defendants. ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 5, 2011, the magistrate judge filed findings and recommendations, 21 which were served on the parties and which contained notice to the parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. No objections to the 23 findings and recommendations have been filed. 24 The court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1 Dockets.Justia.com 1 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 2 be supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 5, 2011, are adopted in full; and 5 2. “Warden,” Michaels, and “Chief Medical Officer” are dismissed from this 6 action. 7 DATED: October 11, 2011. 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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