Opinion

(PC) Brown v. Vovkulin

Court
District Court, E.D. California
Filed
Oct 20, 2021
Cited by
0 cases
Authority
More cited than 17.7%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ANTHONY BROWN, SR., No. 2:20-cv-02098-TLN-CKD

12 Plaintiff,

13 v. ORDER

14 V. VOVKULIN, et al.,

15 Defendants.

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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.

20 On August 23, 2021, the magistrate judge filed findings and recommendations herein

21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the

22 findings and recommendations were to be filed within fourteen days. (ECF No. 17.) Plaintiff has

23 not filed objections to the findings and recommendations.

24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602

25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

27 the file, the Court finds the findings and recommendations to be supported by the record and by

28 the magistrate judge’s analysis.

1 Accordingly, IT IS HEREBY ORDERED that:

2 1. The findings and recommendations filed August 23, 2021 (ECF No. 17) are adopted in

3 1 full;

4 2. Defendants Holmes and Worrell are dismissed without further leave to amend;

5 3. This case is proceeding on First Amendment retaliation claims against Defendants

6 | Vovkulin and Milliken; and

7 4. This matter is referred back to the magistrate judge for further pretrial proceedings.

8 | Date: October 19, 2021

9 /)

10 “ \/ bu

LN

Troy L. Nunley> }

12 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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