Wilson v. Woodford et al

Filing 93

ORDER signed by District Judge Kimberly J. Mueller on 6/14/2017 FINDINGS AND RECOMMENDATIONS 88 are ADOPTED in FULL; The Clerk of the Court is directed to change the short title of this action in accordance with this order; and this action is DISMISSED. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID W. WILSON, 12 Plaintiff, 13 14 15 No. 2:05-cv-0876 KJM DB P v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION,1 16 Defendant. 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 17, 2017, the magistrate judge filed findings and recommendations, which 21 22 were served on all parties and which contained notice to all parties that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 24 objections to the findings and recommendations. 25 ///// 26 27 28 1 This action is hereby denominated Wilson v. California Department of Corrections and Rehabilitation in accordance with second amended complaint (SAC), ECF No. 19, which is the operative pleading in this action, and the full title of the agency. Cf. Fed. R. Civ. P. 10(d). 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed February 17, 2017 (ECF No. 88) are adopted 7 8 in full; 2. The Clerk of the Court is directed to change the short title of this action in accordance 9 with this order; and 10 3. This action is dismissed. 11 DATED: June 14, 2017. 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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