(PC) Millare v. Starr et al, No. 2:2020cv02072 - Document 18 (E.D. Cal. 2022)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 16 Findings and Recommendations in full. This case shall proceed on Claim One only of the First Amended Complaint, against M. Starr in his official capacity only. Claims Two and Three of the First Amended Complaint, and all defendants other than M. Starr in his official capacity, are DISMISSED. This case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
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(PC) Millare v. Starr et al Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORIANO MILLARE, 12 No. 2:20-cv-2072 KJM AC P Plaintiff, 13 v. 14 M. STARR, et al., 15 ORDER 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 22, 2022, the magistrate judge issued findings and recommendations, which 20 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. ECF No. 16. Plaintiff has filed 23 objections to the 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 issued March 22, 2022 (ECF No. 16), are 3 4 5 6 7 8 9 10 ADOPTED in full; 2. This case shall proceed on Claim One only of the First Amended Complaint, against M. Starr in his official capacity only, and 3. Claims Two and Three of the First Amended Complaint, and all defendants other than M. Starr in his official capacity, are DISMISSED. 4. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. DATED: May 23, 2022. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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