Lombardelli v. Halsey, et al.

Filing 54

ORDER Adopting 52 FINDINGS AND RECOMMENDATION and DISMISSING Defendant T. Hebron without Prejudice signed by Chief Judge Anthony W. Ishii on 6/8/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALFRED C. LOMBARDELLI,

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Plaintiff,

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CASE NO. 1:08-CV-00658-AWI-DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DISMISSING
DEFENDANT T. HEBRON WITHOUT
PREJUDICE

v.
K. HALSEY, et al.,

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Defendants.

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/

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Plaintiff Alfred C. Lombardelli (“Plaintiff”) is a California state prisoner proceeding pro se

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

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second amended complaint against Defendants Smyth, Sanchez, Carter, Halsey, Vogel, Ortiz, and

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Hebron. Defendant Hebron was not served with process in this action. Doc. 23. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

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302.

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On March 22, 2011, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that any objection to the Findings and

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Recommendations was to be filed within eighteen days. Neither party filed a timely Objection to

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the Findings and Recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed March 22, 2011, is adopted in full; and

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Defendant T. Hebron is dismissed from this action without prejudice for failure to

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effect service of process pursuant to Federal Rule of Civil Procedure 4(m).
IT IS SO ORDERED.
Dated:
0m8i78

June 8, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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