Turner v. Salinas

Filing 77

ORDER ADOPTING 66 Findings and Recommendations signed by Judge Morrison C. England, Jr. on 9/19/2011 DISMISSING Defendant Vertinelli; Vertinelli 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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ANTHONY R. TURNER,

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Plaintiff,

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No. 2:10-cv-01848 MCE KJN P

vs.

ORDER

WARDEN SALINAS, 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 July 8, 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-one days. Plaintiff has filed

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objections to the findings and recommendations.

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The magistrate judge recommended that defendant Vertinelli be dismissed

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because he could not be served. In his objections, plaintiff alleges that although this defendant

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wore a name tag stating that his name was “Sergeant Vertinelli,” his true name is Sergeant

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Martinez. Plaintiff states that he recently discovered this information.

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Plaintiff must file an amended complaint accompanied by a motion for leave to

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file an amended complaint if he wishes to correct the name of defendant Vertinelli. In the

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motion to amend, plaintiff must address why he only recently discovered the true name of this

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defendant.

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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

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entire file, the Court finds the findings and recommendations to be supported by the record and

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by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 8, 2011 (ECF No. 66), are

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ADOPTED in full; and
2. Defendant Vertinelli is DISMISSED.
Dated: September 19, 2011

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

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