Pimentel v. County of Fresno, et al.

Filing 82

ORDER ADOPTING 81 FINDINGS AND RECOMMENDATIONS, signed by District Judge Lawrence J. O'Neill on 12/6/2012. Defendant's 74 Motion to Dismiss is GRANTED; Alfredo Ruvalcaba is DISMISSED From This Action. (Marrujo, C)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 NORMAN L. PIMENTEL, 10 11 12 13 14 15 16 17 ) ) ) ) ) Plaintiff, ) ) vs. ) ) COUNTY OF FRESNO, et al., ) ) ) Defendants. ) ____________________________________) 1:10cv01736 LJO DLB ORDER ADOPTING FINDINGS AND RECOMMENDATION (Document 81) On November 16, 2012, the Magistrate Judge issued Findings and Recommendation that 18 Defendant’s motion to dismiss be granted and that Defendant Dr. Ruvalcaba be dismissed from this 19 action based on Plaintiff’s failure to state any claims against him. This Findings and 20 Recommendation was served on all parties appearing in the action and contained notice that any 21 objections were to be filed within fourteen (14) days of the date of service of the order. No 22 objections have been filed. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de 24 novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 25 Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Findings and Recommendation issued November 16, 2012, is ADOPTED IN 1 1 FULL; 2 2. Defendant’s motion to dismiss is GRANTED; 3 3. Defendant Dr. Ruvalcaba is DISMISSED from this action based on Plaintiff’s failure 4 to state any claims against him; and 5 4. 6 IT IS SO ORDERED. 7 Dated: 66h44d Judgment is entered in favor of Dr. Ruvalcaba only. December 6, 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

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