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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY L. HARPOOL,

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No. 2:10-cv-01253-MCE-GGH P

Plaintiff,

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vs.

ORDER

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M. BEYER, et al.,

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Defendants.
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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 May 24, 2011, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty days. Neither party has filed

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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 May 24, 2011 (ECF No. 32), are
ADOPTED in full;
2. Defendants’ February 3, 2011 (ECF No. 26), motion to dismiss for failure to

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exhaust administrative remedies is GRANTED as to defendants Palwick, Koelling and Seuber

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and these defendants are dismissed from this action.

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Dated: June 28, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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