(PC) Birrell, et al., v. Fox, et al.,, No. 2:2016cv01818 - Document 16 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the findings and recommendations filed 8/30/17 are ADOPTED in full; and All defendants other than defendant Fox in his official capacity as Warden theCalifornia Medical Facility are DISMISSED.(Becknal, R)
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(PC) Birrell, et al., v. Fox, et al., Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID WESLEY BIRRELL, 12 13 14 15 No. 2:16-cv-1818 JAM CKD P Plaintiffs, v. ORDER ROBERT W. FOX, et al., Defendants. 16 17 Plaintiffs, California prisoners proceeding with counsel, have filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 30, 2017, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiffs and which contained notice to plaintiffs that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiffs have not 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 August 30, 2017 are adopted in full; and 3 2. All defendants other than defendant Fox in his official capacity as Warden of the 4 California Medical Facility are dismissed. 5 DATED: September 28, 2017 6 /s/ John A. Mendez_____________ _________ 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2