(PC) Calloway v. Nieves et al, No. 2:2019cv01792 - Document 51 (E.D. Cal. 2021)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 7/8/2021 ADOPTING 44 Findings and Recommendations in full; DENYING 39 Motion for Judicial Intervention; DISMISSING defendant R. Rowland without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; and REFERRING this matter back to the assigned magistrate judge for all further pretrial proceedings. (Coll, A)

Download PDF
(PC) Calloway v. Nieves et al Doc. 51 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMISI MERMAINE CALLOWAY, 12 Plaintiff, 13 14 No. 2:19-cv-1792 KJM CKD P v. ORDER D. NIEVES, et al., 15 Defendants. 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 March 16, 2021, 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. Plaintiff has filed objections to the 23 findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by the proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 16, 2021, are adopted in full. 3 2. Plaintiff’s request for judicial intervention (ECF No. 39) is construed as a motion. So 4 5 6 7 construed, the motion is denied. 3. Defendant R. Rowland is dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 4. This matter is referred back to the assigned magistrate judge for all further pretrial 8 proceedings. 9 DATED: July 8, 2021. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.