(PC) Windham v. California Medical Facility, et al, No. 2:2015cv01058 - Document 22 (E.D. Cal. 2016)
Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 2/29/2016 FINDINGS AND RECOMMENDATIONS 19 are ADOPTED in FULL; Defendant Brian Duffy is DISMISSED from this action. (Reader, L)
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(PC) Windham v. California Medical Facility, et al Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL WINDHAM, JR., 12 Plaintiff, 13 14 15 No. 2:15-cv-1058 MCE CKD P v. ORDER CALIFORNIA MEDICAL FACILITY, et al., 16 Defendants. 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 28, 2016, the magistrate judge filed Findings and Recommendations herein 21 22 (ECF No. 19) which were served on all parties and which contained notice that any objections to 23 the Findings and Recommendations were to be filed within fourteen days. No party has filed 24 objections to the Findings and Recommendations. The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 /// 1 Dockets.Justia.com 1 reviewed the file, the court finds the Findings and Recommendations to be supported by the 2 record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed January 28, 2016 (ECF No. 19) are 5 ADOPTED IN FULL. 6 2. Defendant Duffy is DISMISSED from this action. 7 IT IS SO ORDERED. 8 Dated: February 29, 2016 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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