Clewis v. California Prison Health Case Services

Filing 37

ORDER ADOPTING 31 Findings and Recommendations signed by Judge John A. Mendez on 9/19/2011 ORDERING that Dft. Dr. Jen is DISMISSED without prejudice from this action pursuant to F.R.C.P. 4(m). Jen terminated. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCUS LARRY CLEWIS,

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Plaintiff,

No. CIV S-09-2120 JAM GGH P

vs.
CALIFORNIA PRISON HEALTH
CARE SERVICES, 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 June 28, 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. 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 June 28, 2011, are adopted in full;

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and
2. The unserved defendant Dr. Jen is dismissed without prejudice from this

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action, pursuant to Fed. R. Civ. P. 4(m).

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DATED: September 19, 2011

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/s/ John A. Mendez

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UNITED STATES DISTRICT JUDGE

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