Laskiewicz v. Swartz et al

Filing 58

ORDER ADOPTING 57 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 7/16/2013. Defendant's 53 Motion to Dismiss is GRANTED and Eric Allen Berg is DISMISSED from this action. This case will proceed against defendants Swartz and Kinney ONLY. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID LEE LASKIEWICZ,

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Plaintiff,

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No. 2:11-cv-2828-JAM-CMK

vs.

ORDER

RUSSELL SWARTZ, et al.,

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Defendants.

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/

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Plaintiff, proceeding in this action in propria persona, brings this civil action. The

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matter was referred to a United States Magistrate Judge pursuant to Eastern District of California

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local rules.

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On May 13, 2013, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within a specified time. No objections to the findings and recommendations have

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been filed.

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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.

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///
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed May 13, 2013, are adopted in

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Defendant’s motion to dismiss (Doc. 53) is granted;

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3.

Defendant Berg is dismissed from this action; and

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4.

This action will proceed as against defendants Swartz and Kinney only.

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full;

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DATED: July 16, 2013
/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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