Johnson v. Mitchell et al

Filing 223

ORDER signed by Judge Garland E. Burrell, Jr on 8/29/12 ADOPTING IN FULL 222 Findings and Recommendations; Plaintiffs claims against defendant Ford Hermanson are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 21 and defendant Ford Hermanson is DISMISSED from the action. (Meuleman, A) Modified on 8/29/2012 (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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SHEPARD JOHNSON,

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Plaintiff,

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No. 2:10-cv-1968 GEB GGH PS

vs.
CHESTER MITCHELL, et al.,
ORDER

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Defendants.
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/
On August 8, 2012, the magistrate judge filed findings and recommendations

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herein which contained notice that any objections to the findings and recommendations were to

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be filed within fourteen (14) days. (Dkt. No. 222.) No objections were filed. Accordingly, the

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court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208

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(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v.

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Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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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 (dkt. no. 222) are ADOPTED IN FULL.

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2. Plaintiff’s claims against defendant Ford Hermanson are DISMISSED

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WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 21 and defendant Ford Hermanson is
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DISMISSED from the action.

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Dated: August 29, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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