Lee v. Alamedia, et al
Filing
120
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 109 ; ORDER DISMISSING Defendant Garcia From This Action For Plaintiff's Failure to Effect Service, signed by District Judge Lawrence J. O'Neill on 10/5/11. (Hellings, J)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NORRIS LEE,
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1:02-cv-05037-LJO-GSA-PC
Plaintiff,
vs.
C/O HOUGH, et al.,
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Defendants.
_____________________________/
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 109.)
ORDER DISMISSING DEFENDANT
GARCIA FROM THIS ACTION FOR
PLAINTIFF'S FAILURE TO EFFECT
SERVICE
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Norris Lee (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant
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to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.
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On September 1, 2011, Findings and Recommendations were entered, recommending
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that defendant Correctional Officer ("C/O") M. Garcia be dismissed from this action for Plaintiff's
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failure to effect service under Rule 4. (Doc. 109.) On September 19, 2011, Plaintiff filed objections
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to the Findings and Recommendations. (Doc. 113.) On October 4, 2011, defendant Hough filed a
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response to Plaintiff's objections. (Doc. 118.)
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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304,
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this court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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including Plaintiff's objections and defendant Hough's response, the Court finds the Findings and
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Recommendations to be supported by the record and proper analysis.
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Accordingly, THE COURT HEREBY ORDERS that:
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1. The Findings and Recommendations issued by the Magistrate Judge on September
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1, 2011, are adopted in full;
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2. Defendant C/O M. Garcia is DISMISSED from this action, based on Plaintiff’s
failure to effect service under Rule 4; and
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3. The Clerk is DIRECTED to reflect the dismissal of defendant Garcia from this
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action.
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IT IS SO ORDERED.
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Dated:
b9ed48
October 5, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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