Gonzalez v. Bopari et al

Filing 39

ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS and Dismissing Defendant Grimm signed by District Judge Lawrence J. O'Neill on 01/07/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLEOFAS GONZALEZ,

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Plaintiff,
vs.
DR. BOPARI, et al.,
Defendants.

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1:12cv01053 LJO DLB PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS AND
DISMISSING DEFENDANT GRIMM
(Document 37)

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Plaintiff Cleofas Gonzalez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. Plaintiff filed this action on

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June 28, 2012. Pursuant to Court order, he filed a Second Amended Complaint on December 23,

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2013. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Local Rule 302.
On December 2, 2014, the Magistrate Judge issued Findings and Recommendations that
Defendant Grimm be dismissed for Plaintiff’s failure to effectuate service of process. The

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Findings and Recommendations were served on Plaintiff and contained notice that any
objections to the Findings and Recommendations were to be filed within twenty-one days. No
objections have been filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
Findings and Recommendations are supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed December 2, 2014, are ADOPTED in

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full; and

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2.

Defendant Grimm is DISMISSED from this action for Plaintiff’s failure to

effectuate service of process.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

January 7, 2015

UNITED STATES DISTRICT JUDGE

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