Herrera v. Gardner et al

Filing 69

ORDER adopting in full 36 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 5/18/11. Defendants Gardner and Stewart are DISMISSED from the action. (Kastilahn, 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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ARMANDO HERRERA,

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Plaintiff,

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vs.

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No. CIV S-10-1744 GEB EFB P

GARDNER, 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 March 17, 2011, the magistrate judge filed findings and recommendations

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

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to the 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 March 17, 2011, are adopted in full;
and
2. Defendants Gardner and Stewart are dismissed from the action.
Dated: May 18, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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