Johnson v. Mitchell et al

Filing 302

ORDER signed by Judge Garland E. Burrell, Jr on 6/17/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/10/13 295 are ADOPTED and Defendant Solarte is DISMISSED for failure to serve process pursuant to FRCP 4(m).(Mena-Sanchez, L)

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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.,

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Defendants.

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__________________________________/

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ORDER

On May 10, 2013, the magistrate judge filed findings and recommendations herein

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

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and recommendations were to be filed within fourteen days. No objections were filed.

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Accordingly, the court presumes any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).

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The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that the Findings and Recommendations filed May

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10, 2013, are ADOPTED and Defendant Solarte is dismissed for failure to serve process pursuant
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to Federal Rule of Civil Procedure 4(m).

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Dated: June 17, 2013

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

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