Hawthorne v. Mendoza-Power et al

Filing 41

ORDER signed by Judge Oliver W. Wanger on 4/22/2009 ADOPTING IN FULL 17 Findings and Recommendations; action to proceed against Defendants Mendoza-Powers and Henry; Defendants Rosemary Ndor, S.K. Pennywell, R. Braly and J DonDiago are dismissed for action for failure to state any claims upon which relief may be granted.(Lundstrom, T)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Ralph Kelly Hawthorne ("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 7, 2008, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely Objection 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. /// /// /// 1 v. (Doc. 17). KATHY MENDOZA-POWERS, et al., Defendants. RALPH KELLY HAWTHORNE JR, Plaintiff, CASE NO. 1:07-cv-1101-OWW-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

UNITED STATES DISTRICT COURT

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Accordingly, IT IS HEREBY ORDERED that: 1. 2. 3. The Findings and Recommendations, filed October 7, 2008, is adopted in full; This action shall proceed only against defendants Mendoza-Powers and Henry; and Plaintiff's claims against defendants Pennywell, J. DonDiago, Rosemary Ndor, and R. Braly are dismissed for failure to state any claims upon which relief may be granted. IT IS SO ORDERED. Dated: April 22, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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