Garcia v. Clark, et al.

Filing 72

ORDER Adopting 71 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant A. Seinez from Action signed by District Judge Lawrence J. O'Neill on 7/10/2012. A. Seinez terminated. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
WILLIAM P. GARCIA,

CASE NO. 1:10-cv-00447-LJO-DLB PC

10
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
DEFENDANT A. SEINEZ FROM ACTION

11
v.
12
KEN CLARK, et al.,

(ECF No. 71)

13
Defendants.
14
15

/

16
17

Plaintiff William P. Garcia (“Plaintiff”) is a California state prisoner proceeding pro se in this

18

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

19

attempting to effect service of process on Defendant A. Seinez, and on May 11, 2012, returned the

20

summons unexecuted. ECF No. 68. The matter was referred to a United States Magistrate Judge

21

pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

22

On June 1, 2012, the Magistrate Judge filed a Findings and Recommendations which was

23

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

24

Recommendations was to be filed within fourteen days. ECF No. 71. No party filed a timely

25

Objection to the Findings and Recommendations.

26

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

27

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

28

Recommendations to be supported by the record and by proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed June 1, 2012, is adopted in full; and

3

2.

Defendant A. Seinez is dismissed from this action without prejudice for failure to

4

effect service of process pursuant to Rule 4(m) of the Federal Rules of Civil

5

Procedure.

6

IT IS SO ORDERED.

7

Dated:
b9ed48

July 10, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2