Fernandez v. California Department of Correction & Rehabilitation et al

Filing 48

ORDER signed by Chief Judge Morrison C. England, Jr. on 8/30/2013 ADOPTING, in full, 45 Findings and Recommendations; GRANTING 37 Motion to Dismiss; DISMISSING, with prejudice, Defendants Barnes and Cate; DISMISSING, without prejudice, Defendants Does 1-25. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON ALEXANDER
FERNANDEZ,
Plaintiff,

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No. 2:11-cv-1125 MCD JFM P

ORDER
v.
CALIFORNIA DEPARTMENT OF
CORRECTION & REHABILITATION, et
al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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

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On July 31, 2013, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties 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, and defendants filed a response thereto.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 31, 2013 (ECF No. 45) are adopted in

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full;

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2. Defendants Barnes and Cate’s motion to dismiss (ECF No. 37) is granted;

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3. Defendants Barnes and Cate are dismissed from this action with prejudice; and

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4. Defendants Does 1-25 are dismissed from this action without prejudice

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Date: August 30, 2013

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_____________________________________

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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