Hendon v. Baroya et al

Filing 145

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 142 ; ORDER DISMISSING Defendant Griffin From This Action Under Rule 25, signed by District Judge Anthony W. Ishii on 1/8/15: The Clerk is DIRECTED to reflect the dismissal of defendant Griffin from the action on the Court's docket. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS HENDON,

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Plaintiff,

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vs.
BAROYA, et al.,

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Defendants.

1:05-cv-01247-AWI-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 142.)
ORDER DISMISSING DEFENDANT
GRIFFIN FROM THIS ACTION UNDER
RULE 25

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I.

BACKGROUND

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Carlos Hendon ("Plaintiff") is a state prisoner proceeding pro se with this civil rights

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action under 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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September 30, 2005. (Doc. 1.) This action now proceeds on Plaintiff's Second Amended

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Complaint filed on June 26, 2008, against defendants Baroya, Pham, Nguyet, Hoppe, Griffin

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and Reidman (“Defendants”) for subjecting him to cruel and unusual punishment in violation

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of the Eighth Amendment. (Doc. 18.)

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On November 24, 2014, the Court entered Findings and

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Recommendations, recommending that defendant Griffin be dismissed from this action under

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Rule 25 of the Federal Rules of Civil Procedure. (Doc. 142.) The parties were provided an
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opportunity to file objections to the Findings and Recommendations within thirty days.

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date, no objections have been filed.

To

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the Court finds the Findings and Recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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November 24, 2014, are ADOPTED in full;
2.

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The Findings and Recommendations issued by the Magistrate Judge on

Defendant Griffin is DISMISSED from this action under Rule 25 of the Federal
Rules of Civil Procedure; and

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The Clerk is DIRECTED to reflect the dismissal of defendant Griffin from this
action on the Court's docket.

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IT IS SO ORDERED.
Dated: January 8, 2015
SENIOR DISTRICT JUDGE

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