(PC) Payne v. Baser et al, No. 2:2018cv00956 - Document 14 (E.D. Cal. 2018)
Court Description: ORDER signed by District Judge John A. Mendez on 11/5/18 ADOPTING in full 5 FINDINGS AND RECOMMENDATIONS. Plaintiff's Second Cause of Action in his complaint is DISMISSED. (Kastilahn, A)
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(PC) Payne v. Baser et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAVANCE ROSS PAYNE, 12 Plaintiff, 13 v. 14 C. BASER, et al., 15 No. 2:18-cv-0956 JAM CKD P ORDER 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 September 21, 2018, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has not 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 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 21, 2018 are adopted in full; and 3 2. Plaintiff’s “Second Cause of Action” in his complaint is dismissed. 4 5 6 7 DATED: November 5, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 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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