Harpool v. Beyer et al

Filing 37

ORDER signed by Judge Morrison C. England, Jr on 6/28/11 ADOPTING 32 FINDINGS AND RECOMMENDATIONS, GRANTING 26 Motion to Dismiss and DISMISSING Seuber, B Koelling and Palwick from this action. (Meuleman, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY L. HARPOOL, 12 No. 2:10-cv-01253-MCE-GGH P Plaintiff, 13 vs. ORDER 14 M. BEYER, et al., 15 Defendants. 16 / 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 19 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On May 24, 2011, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within twenty days. Neither party has filed 24 objections to the findings and recommendations. 25 /// 26 /// 1 1 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 5 6 1. The findings and recommendations filed May 24, 2011 (ECF No. 32), are ADOPTED in full; 2. Defendants’ February 3, 2011 (ECF No. 26), motion to dismiss for failure to 7 exhaust administrative remedies is GRANTED as to defendants Palwick, Koelling and Seuber 8 and these defendants are dismissed from this action. 9 Dated: June 28, 2011 10 11 12 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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