(PC) Smith v. Aubuchon, et al., No. 2:2014cv00775 - Document 30 (E.D. Cal. 2015)
Court Description: ORDER signed by Judge Kimberly J. Mueller on 9/16/2015 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; Rancho Cordova Police Department is DISMISSED as a defendant to this action, which proceeds against defendants Aubuchon and James ONLY. (Reader, L)
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(PC) Smith v. Aubuchon, et al. Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM GRANVILLE SMITH, 12 Plaintiff, 13 14 No. 2:14-CV-0775-KJM-CMK-P v. ORDER B. AUBUCHON, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 19 Eastern District of California local rules. On May 22, 2015, the Magistrate Judge filed findings and recommendations, 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. No objections to the findings and recommendations have been filed. 23 The court presumes that any findings of fact are correct. See Orand v. United 24 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 26 1983). Having reviewed the file, the court finds the findings and recommendations to be 27 supported by the record and by the proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 22, 2015, are adopted in full; 3 4 and 2. Rancho Cordova Police Department is dismissed as a defendant to this action, 5 which proceeds against defendants Aubuchon and James only. 6 DATED: September 16, 2015. 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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