Mitchell v. Cate et al

Filing 52

ORDER ADOPTING 50 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 7/2/13. Defendant R. Miranda DISMISSED with prejudice. (Manzer, C)

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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. 2:11-cv-1240 JAM AC P

v.

ORDER

MATTHEW L. CATE, et al.,

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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.
On May 29, 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 twenty-one days. Neither party has filed

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objections to the findings and recommendations.
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:
1. The findings and recommendations filed May 29, 2013, are adopted in full; and

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2. Defendant Miranda is dismissed with prejudice from this action.
DATED:

July 2, 2013
/s/ John A. Mendez________________________
UNITED STATES DISTRICT COURT JUDGE

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