Smith v. B. Aubuchon

Full title: WILLIAM GRANVILLE SMITH, Plaintiff, v. B. AUBUCHON, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 16, 2015

2:14-CV-0775-KJM-CMK-P (E.D. Cal. Sep. 16, 2015)

Opinion

WILLIAM GRANVILLE SMITH, Plaintiff, v. B. AUBUCHON, et al., Defendants. No. 2:14-CV-0775-KJM-CMK-P United States District Court, E.D. California. September 16, 2015

          ORDER

          KIMBERLY J. MUELLER, District Judge.

         Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by Eastern District of California local rules.

         On May 22, 2015, the Magistrate Judge filed findings and recommendations, which were served on the parties and which contained notice that the parties may file objections within a specified time. No objections to the findings and recommendations have been filed.

         The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed May 22, 2015, are adopted in full; and

         2. Rancho Cordova Police Department is dismissed as a defendant to this action, which proceeds against defendants Aubuchon and James only.