Hamilton v. Hart et al

Filing 112

ORDER ADOPTING 107 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Doe Defendant signed by District Judge Dale A. Drozd on 5/10/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS L. HAMILTON,

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Plaintiff,

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No. 1:10-cv-00272-DAD-EPG

v.
JOHN HART, et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
DOE DEFENDANT
(Doc. No. 107)

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Plaintiff is a state prisoner proceeding pro se in this action pursuant to 42 U.S.C. § 1983.

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(Doc. No. 1.) On January 19, 2017, the assigned magistrate judge issued findings and

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recommendations recommending that defendant Doe Lieutenant be dismissed from this action

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without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Doc. No. 107.)

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The findings and recommendations were served on plaintiff with instructions that any objections

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thereto must be filed within thirty days. Plaintiff did not file any objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has

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conducted a de novo review of the case. Having carefully reviewed the entire file, the

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undersigned concludes the findings and recommendations are supported by the record and proper

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analysis. Accordingly, defendant Doe Lieutenant is dismissed from the case without prejudice.

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The case is referred back to the magistrate judge for further proceedings with respect to the

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named defendants.

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IT IS SO ORDERED.

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Dated:

May 10, 2017
UNITED STATES DISTRICT JUDGE

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