(PC)Hernandez v. Constable et al, No. 2:2019cv02195 - Document 66 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr. on 7/21/2021 ADOPTING IN FULL 62 Findings and Recommendations and DENYING 61 Motion for Reconsideration. (Tupolo, A)

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(PC)Hernandez v. Constable et al Doc. 66 Case 2:19-cv-02195-MCE-DB Document 66 Filed 07/21/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CESAR N. HERNANDEZ, 12 Plaintiff, 13 14 v. No. 2:19-cv-2195 MCE DB P ORDER A. CONSTABLE, 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. On May 27, 2021, the magistrate judge filed findings and recommendations, ECF No. 62, 20 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within thirty days. Plaintiff 23 timely filed objections to the findings and recommendations. ECF No. 63. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com Case 2:19-cv-02195-MCE-DB Document 66 Filed 07/21/21 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, ECF No. 62, filed May 27, 2021, are ADOPTED 3 4 5 6 7 IN FULL; and 2. Plaintiff’s motion for reconsideration of the denial of a default judgment (ECF No. 61) is DENIED. IT IS SO ORDERED. Dated: July 21, 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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