(PC) Healy v. Martel et al, No. 2:2017cv01671 - Document 19 (E.D. Cal. 2018)

Court Description: ORDER adopting in full 15 FINDINGS AND RECOMMENDATIONS, signed by District Judge Kimberly J. Mueller on 8/10/18. Plaintiff's claims against defendants Lewis, Church, Singh, Ikegbu, and Malakkla are DISMISSED without leave to amend. Plaintiff's claim against defendant Williams for the treatment of his shoulder injury is DISMISSED without leave to amend. This case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Kastilahn, A)

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(PC) Healy v. Martel et al Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFF HEALY, 12 13 14 No. 2:17-cv-1671 KJM DB P Plaintiff, v. ORDER MARTY MARTEL, 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 June 18, 2018, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the 23 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 June 18, 2018 are adopted in full; 3 2. Plaintiff’s claims against defendants Lewis, Church, Singh, Ikegbu, and Malakkla are 4 5 6 7 8 9 dismissed without leave to amend; 3. Plaintiff’s claim against defendant Williams for the treatment of his shoulder injury is dismissed without leave to amend; and 4. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. DATED: August 10, 2018. 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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