(PC) Roberts v. California Department of Corrections et al, No. 2:2012cv00247 - Document 15 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 9/27/12 ORDERING 10 FINDINGS AND RECOMMENDATIONS are adopted except for the citation to Eason v Clark County School District; and all defendants are dismissed except for the California Department of Corrections and Rehabilitation. (Matson, R)

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(PC) Roberts v. California Department of Corrections et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DEAN ROBERTS, Plaintiff, 12 13 No. CIV S-12-0247 KJM GGH P vs. 14 15 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., ORDER 16 Defendants. / 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 19 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On May 7, 2012, the magistrate judge filed findings and recommendations, which 22 were served on plaintiff and which contained notice to plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 24 objections to the findings and recommendations. 25 26 The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 1 Dockets.Justia.com 1 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 2 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 3 be supported by the record and, with one minor exception, by the proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed May 7, 2012, are adopted except for 6 7 the citation to Eason v. Clark County School Dist., 303 F.3d 1137, 1144 (9th Cir. 2002); and 2. All defendants are dismissed except for the California Department of 8 Corrections and Rehabilitation. 9 DATED: September 27, 2012. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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