United States District Court, E.D. California
August 14, 2014
MIGUEL ENRIQUE DIAZ, Plaintiff,
McCUE, et al., Defendants.
LAWRENCE K. KARLTON, Senior District Judge.
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 30, 2014, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Despite an extension of time granted to plaintiff, neither party filed timely objections to the findings and recommendations. On July 3, 2014, this Court adopted the findings and recommendations and granted defendants' motion to dismiss, construed as a motion for summary judgment. The same day, plaintiff's objections to the findings and recommendations were entered on the court's docket.
In an abundance of caution, the Court will vacate the July 3, 2014 order adopting the findings and recommendations and reconsider them in light of plaintiff's objections. See Fed.R.Civ.P. 59(e) and 60(b).
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case, including plaintiff's objections to the findings and recommendations of the magistrate judge. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that that the order entered on July 3, 2014, (ECF No. 51) adopting in full the findings and recommendations, granting defendants' motion to dismiss, construed as a motion for summary judgment, and entering judgment in their favor is CONFIRMED.