Woodall v. State of California et al

Filing 94

ORDER ADOPTING 93 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant Valdez From Action, signed by Judge Oliver W. Wanger on 7/14/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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NICK WOODALL,

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CASE NO. 1:08-CV-01948-OWW-DLB PC
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DISMISSING
DEFENDANT VALDEZ FROM ACTION

v.

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STATE OF CALIFORNIA, et al.,

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Defendants.

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(DOC. 93)

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Plaintiff Nick Woodall (“Plaintiff”) is a California state prisoner proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. The United States Marshal was effecting service

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of process on behalf of Plaintiff in this action. On March 25, 2011, the United States Marshal, who

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was attempting to effect service of process on Defendant Valdez, returned the summons unexecuted.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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On June 7, 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 thirty days. Neither party filed a timely Objection to the

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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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1.

The Findings and Recommendations, filed June 7, 2011, is adopted in full;

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2.

Defendant Valdez is dismissed without prejudice from this action for failure to effect

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service of process pursuant to Federal Rule of Civil Procedure 4(m).

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IT IS SO ORDERED.

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Dated:
July 14, 2011
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/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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