(PC) Arzaga v. Santiago et al, No. 2:2018cv00313 - Document 106 (E.D. Cal. 2021)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/16/21; Haluik ADOPTING 102 Findings and Recommendations in full DISMISSING defendants Haluik and Victoriano without prejudice; REFERRING matter back to assigned magistrate judge for all further proceedings. (Benson, A.)

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(PC) Arzaga v. Santiago et al Doc. 106 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL JESUS ARZAGA, 12 13 14 15 No. 2:18-cv-0313 KJM KJN P Plaintiff, v. ORDER E. SANTIAGO, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, 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 November 9, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party 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 reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 9, 2021, are adopted in full; 3 2. Defendants Haluik and Victoriano are dismissed from this action without prejudice. 4 5 See Fed. R. Civ. P. 41(b); and 3. This matter is referred back to the assigned magistrate judge for all further 6 proceedings. 7 DATED: December 16, 2021. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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