Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The court denied the defendant’s motion to dismiss, ordered an answer within thirty days, and denied the plaintiff’s motion construed as seeking injunctive relief.
Holdings
- The district court adopted the magistrate judge's findings and recommendations in full after reviewing the record and finding them supported by the record and the magistrate judge's analysis.
- The district court presumed the magistrate judge's findings of fact were correct and reviewed the magistrate judge's conclusions of law de novo.
- Defendant's motion to dismiss was denied.
- Plaintiff's motion for documentational legal matters, construed as a motion for injunctive relief, was denied.
Questions Presented
- Whether the magistrate judge's findings and recommendations should be adopted when neither party filed objections.
- Whether defendant's motion to dismiss should be denied.
- Whether plaintiff's motion for documentational legal matters, construed as a motion for injunctive relief, should be denied.
Disposition
other
Cases Cited (2)
- Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979)(followed)
- Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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