Jones v. Swingle et al

Filing 98

ORDER ADOPTING 94 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 4/9/13. Defendant Burgett is DISMISSED without prejudice. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIK JONES,

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Plaintiff,

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No. 2:09-cv-0619 GEB EFB P

vs.
D. SWINGLE, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 7, 2013, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days from the

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date the findings and recommendations were served. Plaintiff has filed objections to the findings

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and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 7, 2013, are adopted in full;

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and
2. Defendant Burgett is dismissed without prejudice.
So ordered.
Dated: April 9, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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