(PC) Rodriguez v. Baughman et al, No. 2:2018cv00655 - Document 26 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 11/14/18 ADOPTING 16 Findings and Recommendations in full and DISMISSING Defendant Warden Baughman from this action. David Baughman (Warden) terminated. (Coll, A)
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(PC) Rodriguez v. Baughman et al Doc. 26 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN GARCIA RODRIGUEZ, 12 13 No. 2:18-cv-0655 MCE CKD P Plaintiff, v. ORDER 14 DAVID BAUGHMAN, 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 28, 2018, the Magistrate Judge filed Findings and Recommendations (ECF 21 No. 16) herein which were served on Plaintiff and which contained notice that any objections to 22 the Findings and Recommendations were to be filed within fourteen (14) days. Plaintiff has not 23 filed 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 28 record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed August 28, 2018 (ECF No. 16) are 3 ADOPTED in full; and 4 2. Defendant Warden Baughman is dismissed from this action. 5 IT IS SO ORDERED. 6 Dated: November 14, 2018 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2