Mitchell v. Cate et al

Filing 17

ORDER signed by Judge John A. Mendez on 12/8/2011 ORDERING that the 13 findings and recommendations filed October 17, 2011, are adopted in full. For the reasons set forth in the 9 Order, filed on September 14, 2011, defendants Cate, Kernan, Chapman, Harkness and Dangler are dismissed from this action.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WESLEY MITCHELL,

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Plaintiff,

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No. CIV-S-11-1240 JAM GGH P

vs.
MATTHEW L. CATE, et al.,

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Defendants.

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ORDER
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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 October 17, 2011, the magistrate judge filed findings and recommendations

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herein which were served on plaintiff and which contained notice to plaintiff that any objections

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to the findings and recommendations were to be filed within fourteen days. Plaintiff has not filed

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objections to the findings and recommendations.

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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 filed October 17, 2011, are adopted in full;
and
2. For the reasons set forth in the Order, filed on September 14, 2011 (docket #

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9), defendants Cate, Kernan, Chapman, Harkness and Dangler are dismissed from this action.

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DATED: December 8, 2011

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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