Asberry v. Cate et al
Filing
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ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 4/14/11; Dfts O'Brien, James Walker, Bauser and Mathew Cate are DISMISSED from this action 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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TONY ASBERRY,
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Plaintiff,
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No. 2:09-cv-1494-MCE-KJN-P
vs.
MATHEW CATE, 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, 2011, the magistrate judge filed findings and recommendations
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herein which were served on plaintiff and which contained notice to plaintiff that any objections
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to the findings and recommendations were to be filed within twenty-one days. Plaintiff has not
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filed objections to the findings and recommendations.
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The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed March 7, 2011 (ECF No. 18), are
adopted in full; and
2. Defendants Cate, Walker, Bauser, O’Brien, and DOES 1-10, are dismissed
from this action without prejudice.
Dated: April 14, 2011
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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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