Abel v. Martel et al

Filing 68

ORDER signed by Judge John A. Mendez on 10/24/12 ADOPTING IN FULL 65 Findings and Recommendations. Defendants Kaplan (Captain) and Jean Walker DISMISSED without prejudice. (Meuleman, 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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JAMES ABEL,

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Plaintiff,
vs.
MIKE MARTEL, et al.,
Defendants.

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No. 2:09-cv-1749 JAM CKD P

ORDER
/

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 August 21,2012, 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. Plaintiff

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has filed objections to the findings 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 August 21, 2012, are adopted in full;

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and

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2. Defendants Kaplan and Walker are dismissed without prejudice pursuant to

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Federal Rule of Civil Procedure 4(m).

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DATED:

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October 24, 2012
/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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