(PC) Hardney v. Warren et al, No. 2:2016cv00172 - Document 50 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 6/25/2018 ADOPTING 49 Findings and Recommendations in full and GRANTING 41 Motion to Stay. This case is STAYED pending the resolution of plaintiff's criminal case; and Defendants are DIRECTED to file a status report, within 90 days of this order, updating the court as to the status of plaintiff's criminal case. (York, M)
Download PDF
(PC) Hardney v. Warren et al Doc. 50 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN HARDNEY, 12 13 14 No. 2:16-cv-0172-KJM-EFB P Plaintiff, v. ORDER R. WARREN, et al., 15 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 as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 10, 2018, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. Neither party has filed objections to 23 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 reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 10, 2018, are adopted in full; 3 2. Defendants’ motion to stay (ECF No. 41) is GRANTED; 4 3. This case is stayed pending the resolution of plaintiff’s criminal case; and 5 4. Defendants are directed to file a status report, within ninety days of this order, updating 6 the court as to the status of plaintiff’s criminal case. 7 DATED: June 25, 2018. 8 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2