Williams v. Cates et al

Filing 71

ORDER Adopting FINDINGS AND RECOMMENDATION And Dismissing Defendant Marisol From The Action (ECF Nos. 66 , 67 ), signed by District Judge Lawrence J. O'Neill on 10/31/2014. IT IS HEREBY ORDERED that: The Findings and Recommendations, filed October 23, 2014, are ADOPTED in full. Defendant Marisol is DISMISSED from the action without prejudice.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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HORACE MANN WILLIAMS,

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Case No. 1:12-cv-00730 LJO DLB PC

Plaintiff,

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v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DISMISSING
DEFENDANT MARISOL FROM THE
ACTION

MARISOL, et al.,

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[ECF Nos. 66, 67]
Defendants.

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Plaintiff Horace Mann Williams is a state prisoner proceeding pro se and in forma

18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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On October 23, 2014, the Magistrate Judge issued Findings and Recommendations that

20 recommended Defendant Marisol be DISMISSED from the action for failure to effect service of
21 process. The Findings and Recommendations were served on the parties and contained notice
22 that any objections were to be filed within thirty (30) days. Over thirty days have passed and no
23 party has filed objections. However, on October 24, 2014, Plaintiff filed a motion to dismiss
24 Defendant Marisol from the action without prejudice.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

26 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
27 Findings and Recommendations are supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed October 23, 2014, are ADOPTED in full;

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Defendant Marisol is DISMISSED from the action without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 31, 2014

UNITED STATES DISTRICT JUDGE
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