(PC) Garcia v. Lee et al, No. 2:2015cv01888 - Document 40 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 2/22/17 ORDERING that the findings and recommendations filed January 5, 2017, are ADOPTED in full; Defendant's motion for summary judgment (ECF No. 32 ) is DENIED; and this action is REFERRED back to the magistrate judge for further scheduling. (Becknal, R)
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(PC) Garcia v. Lee et al Doc. 40 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS J. GARCIA, 12 13 14 15 No. 2:15-cv-1888 MCE CKD P Plaintiff, v. ORDER BONNIE LEE, 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 5, 2017, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 5, 2017, are adopted in full; 3 2. Defendant’s motion for summary judgment (ECF No. 32) is denied; and 4 3. This action is referred back to the magistrate judge for further scheduling. 5 IT IS SO ORDERED. 6 Dated: February 22, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2