(PC) Thomas v. Walters ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLIFFORD BRENT THOMAS, No. 2:18-CV-1711-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 J. WALTERS, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 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 January 10, 2022, 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. 24 The court presumes that any findings of fact are correct. See Orand v. United 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 | 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 January 10, 2022, are adopted in 5 | full; 6 2. Defendants’ motion for partial summary judgment, ECF No. 45, is granted; 7 3. Defendants Walters, Santisteban, Szmanski, English, Rushing, Saeturn, 8 || Tran, Miller, Midanda, Tong, and De Jesus are dismissed; 9 4. Defendant Price is dismissed without prejudice for failure to effect timely 10 || service of process; 11 5. This action shall proceed on Plaintiff's first amended complaint as to his 12 | claims against Defendants Holmes, Halloran, and Barba; and 13 6. This case is referred back to the assigned magistrate judge for all further 14 | pretrial proceeds. 15 || DATED: March 9, 2022. 16 17 13 CHIEF ED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28