(PC) Vovos v. Martinez et al, No. 2:2021cv00837 - Document 25 (E.D. Cal. 2022)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 17 Findings and Recommendations in full. This action shall proceed on plaintiff's first claim against defendant Martinez. Plaintiff's second claim and all remaining defendants are DISMISSED for failure to state a claim. This matter is REFERRED back to the assigned magistrate judge for all furtherproceedings. (Huang, H)
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(PC) Vovos v. Martinez et al Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS VOVOS, 12 Plaintiff, 13 14 No. 2:21-CV-0837-KJM-DMC-P v. ORDER D. MARTINEZ, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 19 Eastern District of California local rules. 20 On September 8, 2021, the magistrate judge filed findings and recommendations, 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 filed. The court presumes that any findings of fact are correct. See Orand v. United 24 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 27 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 28 ///// 1 Dockets.Justia.com 1 court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 8, 2021, are adopted in 2. This action shall proceed on plaintiff’s first claim against defendant 3. Plaintiff’s second claim and all remaining defendants are dismissed for 5 full; 6 7 Martinez; 8 9 failure to state a claim; and 10 4. This matter is referred back to the assigned magistrate judge for all further 11 proceedings. 12 DATED: May 23, 2022. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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