(PC) Torrence v. Hseuh et al, No. 2:2010cv01222 - Document 72 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 12/30/2011 ADOPTING 60 FINDINGS AND RECOMMENDATIONS in full; granting 52 Motion to Dismiss; defendant Champion is DISMISSED from this action. (Waggoner, D)
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(PC) Torrence v. Hseuh et al Doc. 72 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DEAVON E. TORRENCE, Plaintiff, 10 11 vs. 12 No. CIV. S-10-1222 KJM KJN P F. HSEUH, et al., 13 14 15 Defendants. ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 17 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On September 9, 2011, the magistrate judge filed findings and recommendations, 19 which were served on all parties and which contained notice to all parties that any objections to 20 the findings and recommendations were to be filed within twenty-one days. Neither party has 21 filed objections to the findings and recommendations. 22 The court presumes that any findings of fact are correct. See Orand v. United 23 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 24 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 25 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 26 be supported by the record and by the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 9, 2011, are adopted in 3 full; 4 5 2. Defendant Champion’s July 25, 2011 motion to dismiss (ECF 52) is granted; and 6 7 3. Defendant Champion is dismissed from this action. DATED: December 30, 2011. 8 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /torr1222.801 26 2