(PC) Saldana v. Spearman et al, No. 2:2018cv00319 - Document 73 (E.D. Cal. 2022)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 1/5/22 ADOPTING 69 Findings and Recommendations and DENYING 56 Motion for Summary Judgment. This matter is referred back to the magistrate judge for all further pretrial proceedings. (Kaminski, H)
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(PC) Saldana v. Spearman et al Doc. 73 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 SAMUEL SALDANA, 13 14 15 16 No. 2:18-cv-0319 KJM AC P Plaintiff, v. ORDER M.E. SPEARMAN, et al., Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 13, 2021, the magistrate judge filed findings and recommendations, which 22 were served on all parties and which contained notice to all parties that any objections to the 23 findings and recommendations were to be filed within twenty one days. ECF No. 69. Neither 24 party has filed objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 28 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 1 Dockets.Justia.com 1 Having reviewed the file, the court finds the findings and recommendations to be supported by 2 the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 13, 2021, ECF No. 69, are adopted in 5 full; 6 2. Defendant’s motion for summary judgment, ECF No. 56, is DENIED; and 7 3. This matter is referred back to the magistrate judge for all further pretrial proceedings. 8 DATED: January 5, 2022. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2