Smith v. Tucker

Filing 53

ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by Judge Frank C. Damrell, Jr. on 04/11/11 and ORDERING that dfts J. Ganal, W. Jenkins, Long, Alvarez and Borgus are DISMISSED w/o prejudice. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAMEN SMITH,
Plaintiff,

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vs.

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No. CIV S-09-0993 FCD EFB P

TUCKER, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights

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

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 15, 2011, 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.
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

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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 February 15, 2011, are adopted in

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full; and
2. Defendants Alvarez, Long, Borgus, Jenkins, and Ganal are dismissed from this

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action without prejudice.

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So ordered.

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DATED: April 11, 2011.

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_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

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