Nicholson v. Medina et al

Filing 24

ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 05/16/11 and ORDERING that plf's claims against dfts Cate, McDonald and Swingle are DISMISSED w/o prejudice. (Benson, 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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ELDRED NICHOLSON,
Plaintiff,

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vs.

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No. CIV S-10-1425 KJM EFB P

D. MEDINA, et al.,
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.
On January 12, 2011, the magistrate judge filed findings and recommendations,

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within fourteen days. Plaintiff has not 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 January 12, 2011, are adopted in full;
and
2. Plaintiff’s claims against defendants Cate, McDonald and Swingle are

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dismissed without prejudice.

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DATED: May 16, 2011.

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UNITED STATES DISTRICT JUDGE

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