Savage v. Dickinson et al

Filing 47

ORDER signed by Chief Judge Morrison C. England, Jr on 09/03/14 adopting 44 FINDINGS AND RECOMMENDATIONS. Defendant Andreason is dismissed from this action. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOB SAVAGE, 12 Plaintiff, 13 14 No. 2:11-cv-1652-MCE-EFB P v. ORDER K. DICKINSON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 6, 2014, the Magistrate Judge filed Findings and Recommendations herein (ECF 20 21 No. 44) which were served on all parties and which contained notice to all parties that any 22 objections to the Findings and Recommendations were to be filed within fourteen days. Neither 23 party has filed objections to the Findings and Recommendations. 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 2 3 4 5 6 The Court has reviewed the file and finds the Findings and Recommendations to be supported by the record and by the Magistrate Judge’s analysis. Accordingly: 1. The Findings and Recommendations filed June 6, 2014 (ECF No. 44), are ADOPTED IN FULL; and 2. Defendant Andreason is DISMISSED from this action. See Fed. R. Civ. P. 25(a)(1) (if 7 motion for substitution “is not made within 90 days after service of a statement noting the death, 8 the action by or against the decedent must be dismissed”). 9 10 IT IS SO ORDERED. Dated: September 3, 2014 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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