Sims v. Woodford et al

Filing 59

ORDER ADOPTING 54 FINDINGS and RECOMMENDATIONS re 50 Motion to Dismiss, and DISMISSING Defendant D Griffith, signed by District Judge Lawrence J. O'Neill on 1/7/2009. (Jessen, A)

1 2 3 4 5 6 7 8 JEANNE WOODFORD, et al., 9 Defendants. 10 / 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Dated: b9ed48 Plaintiff James H. Sims, a state prisoner proceeding pro se and in forma pauperis, 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 72-302. On November 10, 2008, the Magistrate Judge filed a Findings and Recommendations herein which was served on the parties and which contained notice to the parties that any objections to the Findings and Recommendations were to be filed within twenty days. The parties have not filed timely objections to the Findings and Recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. 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: 1. 2. The Findings and Recommendations, filed November 10, 2008, is adopted in full; and Defendant Griffith is dismissed from this action, without prejudice.IT IS SO ORDERED. January 7, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE (Doc. 54) vs. JAMES H. SIMS, Plaintiff, CASE NO. 1:05-cv-01523 LJO DLB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING DEFENDANT GRIFFITH FROM ACTION WITHOUT PREJUDICE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA