Darden v. Spencer et al

Filing 30

ORDER Adopting 26 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING Defendants Spencer and Blackford from this Action, for Failure to State a Claim signed by District Judge Lawrence J. O'Neill on 6/18/2015. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERALDINE DARDEN, 12 13 14 15 1:12-cv-01001-LJO-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 26.) vs. ORDER DISMISSING DEFENDANTS SPENCER AND BLACKFORD FROM THIS ACTION, FOR FAILURE TO STATE A CLAIM S. DRISCOLL, et al., Defendants. 16 17 18 Geraldine Darden (APlaintiff@) is a state prisoner proceeding pro se in this civil rights This case now proceeds on Plaintiff’s First 19 action filed pursuant to 42 U.S.C. ' 1983. 20 Amended Complaint filed on February 11, 2013. (Doc. 19.) The matter was referred to a 21 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On May 18, 2015, the Court entered Findings and Recommendations, recommending 23 that defendants Spencer and Blackford be dismissed from this action based on Plaintiff=s failure 24 to state a claim. (Doc. 26.) Plaintiff was provided an opportunity to file objections to the 25 Findings and Recommendations within twenty days. To date, Plaintiff has not filed objections 26 or otherwise responded to the Findings and Recommendations. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 the Court finds the Findings and Recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. 5 6 The Findings and Recommendations issued by the Magistrate Judge on May 18, 2015, are ADOPTED in full; 2. Defendants Spencer and Blackford are DISMISSED from this action based on 7 Plaintiff's failure to state any claims upon which relief may be granted against 8 her. 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill June 18, 2015 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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