Wilson v. Nesbeth et al

Filing 30

ORDER signed by Judge Frank C. Damrell, Jr on 9/4/09 ORDERING the Findings and Recommendations 24 are ADOPTED IN FULL; this action shall proceed on pltf's retaliation claims against dft Nesbeth ONLY; all dfts other than Nesbeth are DISMISSED. Dfts Vincent Cullen, John Dovey, Harris, Hudnall, A Masuret, Mayer, O'Ran, R. Piazza, Riley, E. Ryan, Shankland, James E. Tilton, Martin Veal, E. Arnold and Cruz DISMISSED. (Carlos, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. W.C. NESBETH, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On August 6, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Timely objections to the findings and recommendations have been filed. /// /// /// 1 DAVID W. WILSON, Plaintiff, ORDER No. CIV S-06-1139-FCD-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 full; In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed August 6, 2009, are adopted in 2. Nesbeth only; and 3. This action shall proceed on plaintiff's retaliation claims against defendant All defendants other than Nesbeth are dismissed and the Clerk of the Court is directed to terminate such defendants and update the docket to reflect that this action proceeds against defendant Nesbeth only. DATED: September 4, 2009. _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 2

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