Perez v. Sisto et al

Filing 67

ORDER ADOPTING 53 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 11/05/09 and ORDERING that plf's 47 motion for the order dismissing several defendants to be certified as a final judgment for appeal is DENIED. (Benson, A.)

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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. D.K. SISTO, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On August 25, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that: ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSE MANUEL PEREZ, Plaintiff, No. CIV S-06-2090 MCE GGH P 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 1. The findings and recommendations filed August 25, 2009, are adopted in full; 2. Plaintiff's May 15, 2009 (docket #47) motion for the order dismissing several defendants to be certified as a final judgment for appeal, pursuant to Fed. R. Civ. P. 54(b), is denied. Dated: November 5, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 2

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