Bonta

(PC) Burruel v. Bonta

Good Law
United States District Court, Eastern District of CaliforniaDecember 20, 20221:22-cv-00116California699 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL BURRUEL, III, No. 1:22-cv-00116-ADA-EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. ACTION ROB BONTA, (ECF Nos. 1, 15) Defendant. 16 Plaintiff Manuel Burruel, III is a civil detainee proceeding pro se and in forma pauperis. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 3, 2022, the Magistrate Judge issued findings and recommendations recommending dismissal of this action. (ECF No. 15 at 10.) Plaintiff filed objections to the findings and recommendations on May 26, 2022. (ECF No. 18.) Specifically, Plaintiff argues that his complaint makes a constitutional challenge pursuant to Federal Rule of Civil Procedure 5.1, rather than 42 U.S.C. § 1983 as the Magistrate Judge contends. (Id. at 2.) Additionally, he argues that, contrary to the Magistrate Judge’s ruling, his…

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