Chappell v. Duc et al

Filing 25

ORDER signed by Judge Kimberly J. Mueller on 1/5/12 ADOPTING in full 17 Findings and Recommendations. All defendants and claims in this action, except for the claim against defendant Strohmaier involving the handcuffs and being placed in a small holding cell, are DISMISSED. (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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REX CHAPPELL,
Plaintiff,

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No. CIV S-10-2676 KJM GGH P

Defendants.

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ORDER

vs.
DUC, et al.,

/

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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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 19, 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 filed

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objections to the findings and recommendations, apparently using the services of another inmate.

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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 file,

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the court finds the findings and recommendations to be supported by the record and by the

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 19, 2011, are adopted in full; and

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2. All defendants and claims in this action, except for the claim against defendant

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Strohmaier involving the handcuffs and being placed in a small holding cell, are dismissed.

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DATED: January 5, 2012.

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UNITED STATES DISTRICT JUDGE
/chap2676.804(3)

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