Robert Rodriguez v. Police Dog Kubo et al

Filing 7

ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Defendant Kubo signed by District Judge Lawrence J. O'Neill on 9/15/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT RODRIGUEZ,
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Plaintiff,
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v.
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POLICE DOG KUBO, et al.,
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Defendants.
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1:11cv01371 LJO DLB

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF DEFENDANT KUBO
WITH PREJUDICE
(Doc. 6)

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Plaintiff Robert Rodriguez (“Plaintiff”), a county jail inmate appearing pro se and
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proceeding in forma pauperis, filed the instant action on August 17, 2011.
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On August 23, 2011, the Magistrate Judge issued Findings and Recommendations that
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Defendant Kubo be DISMISSED WITH PREJUDICE. The Findings and Recommendations
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were served on plaintiff and contained notice that any objections were to be filed within fourteen
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(14) days. More than fourteen days have passed and no objections were filed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a
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de novo review of the case. Having carefully reviewed the entire file, the Court finds that the
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Findings and Recommendations are supported by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.

The Findings and Recommendations issued August 23, 2011, are ADOPTED IN

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FULL; and
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2.

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Defendant Kubo is DISMISSED WITH PREJUDICE from this action based on
Plaintiff’s failure to state a claim against K-9 Kubo.

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3.

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IT IS SO ORDERED.

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Dated:
66h44d

This action SHALL PROCEED only against Defendant Tushnet.

September 15, 2011

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

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