(PC) Hackney v. California Health Care Facility, et al., No. 2:2015cv02160 - Document 59 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge John A. Mendez on 4/16/2019 ADOPTING 56 Findings and Recommendations in full and DISMISSING Defendant H. Nguyen from this action with prejudice. (Huang, H)

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(PC) Hackney v. California Health Care Facility, et al. Doc. 59 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HACKNEY, 12 No. 2:15-cv-2160 JAM DB P Plaintiff, 13 v. 14 ORDER CALIFORNIA HEALTH CARE FACILITY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 13, 2018, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 56.) Plaintiff has 23 not filed objections to the findings and recommendations.1 24 //// 25 //// 26 27 28 1 It appears that plaintiff may be deceased. By separate order the Office of the Attorney General will be directed to determine whether plaintiff is in fact deceased, and if so to file a suggestion of death upon the record pursuant to Federal Rule of Civil Procedure 25. 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed November 13, 2018, are adopted in full; and 5 2. Defendant Nguyen is dismissed from this action with prejudice. 6 7 8 9 DATED: April 16, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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