(PC) O'Keefe v. Cate, No. 2:2011cv02659 - Document 191 (E.D. Cal. 2015)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 3/18/15 ORDERING that Plaintiff's MOTION for Extension of time 177 is DENIED; The FINDINGS AND RECOMMENDATIONS filed 1/23/15 174 are ADOPTED in full; and Defendants Hoffman, Heatsie, Bonilla, Brown and Beard and Plaintiff's claim alleging a violation of due process based on Defendants' failure to transfer him to RJDCF are DISMISSED. (Mena-Sanchez, L)
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(PC) O'Keefe v. Cate Doc. 191 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY O’KEEFE, 12 13 14 15 No. 2:11-cv-2659 KJM KJN P Plaintiff, v. ORDER JERRY BROWN, 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 January 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. 23 On February 2, 2015 plaintiff filed a motion for an extension of time to file objections. 24 (ECF No. 177.) On February 6, 2015, plaintiff filed objections. (ECF No. 178.) Because 25 plaintiff’s objections were timely filed, the motion for extension of time is denied as unnecessary. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having carefully reviewed the file, the court 28 finds the findings and recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion for an extension of time (ECF No. 177) is denied; 3 2. The findings and recommendations filed January 23, 2015, are adopted in full; and 4 3. Defendants Hoffman, Heatsie, Bonilla, Brown and Beard and plaintiff’s claim alleging 5 a violation of due process based on defendants’ failure to transfer him to RJDCF are dismissed. 6 DATED: March 18, 2015. 7 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2