Brush v. Woodford et al

Filing 86

ORDER ADOPTING 85 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant Watts From Action Without Prejudice signed by District Judge Lawrence J. O'Neill on 11/30/2009. (Jessen, A)

1 2 3 4 5 6 7 8 9 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Gary H. Brush ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 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 October 21, 2009, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to the parties that any objection to the Findings and Recommendations was to be filed within thirty days. Neither party filed any objections. 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. 1 v. FARBER-SZEKRENYI, et al., (Doc.85) Defendants. / GARY H. BRUSH, Plaintiff, CASE NO. 1:07-cv-01009-LJO-DLB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING DEFENDANT WATTS FROM ACTION WITHOUT PREJUDICE

UNITED STATES DISTRICT COURT

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Accordingly, IT IS HEREBY ORDERED that: 1. 2. The Findings and Recommendations, filed October 21, 2009, is adopted in full; and Defendants Watts is dismissed from this action without prejudice pursuant to Federal Rule of Civil Procedure 4(m). IT IS SO ORDERED. Dated: b9ed48 November 30, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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