(PC)Walters v. California Department of Corrections and Rehabilitation et al, No. 2:2017cv02393 - Document 35 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 4/19/18 ORDERING that the findings and recommendations filed January 9, 2018, are ADOPTED in FULL; the motion to dismiss (ECF No. 13) is GRANTED; Plaintiff's state law negligence claims ag ainst defendants Gants, Hallstrom, Hassan, Pickering, and Thompson are DISMISSED as time-barred; and Defendants Gants, Hallstrom, Hassan, Pickering and Thompson are ordered to file a responsive pleading to plaintiff's Eighth Amendment claims within twenty-one days of the filed date of this order. (Becknal, R)
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(PC)Walters v. California Department of Corrections and Rehabilitation et al Doc. 35 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DEBRA WALTERS, 11 Plaintiff, 12 13 14 No. 2:17-cv-2393 KJM KJN P v. ORDER CA. DEPT OF CORRECTIONS AND REHABILITATION (CDCR), et al., Defendants. 15 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 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. On January 9, 2018, the magistrate judge filed findings and recommendations, which were 20 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 ///// 28 ///// 1 Dockets.Justia.com 1 the file, the court finds the findings and recommendations to be supported by the record and by 2 the proper analysis.1 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed January 9, 2018, are adopted in full; 5 2. The motion to dismiss (ECF No. 13) is granted; 6 3. Plaintiff’s state law negligence claims against defendants Gants, Hallstrom, Hassan, 7 Pickering, and Thompson are dismissed as time-barred; and 8 9 4. Defendants Gants, Hallstrom, Hassan, Pickering and Thompson are ordered to file a responsive pleading to plaintiff’s Eighth Amendment claims within twenty-one days of the filed 10 date of this order. 11 DATED: April 19, 2018. 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The court corrects a typographical error on page 11, ll. 9-10 in the citation to Anderson v. Allstate Ins. Co., 630 F.2d 677, 683 (9th Cir. 1980). 2