Chappell v. Fleming et al

Filing 24

ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 12/20/12. Counts Two, Three, Four, Five, Nine and Ten are DISMISSED; Defendants Foulk, Kokkonen, Kingston and Bolls are DISMISSED from this action without prejudice. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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Plaintiff,
vs.
OFFICER FLEMING, et al.,
Defendants.

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No. 2:12-cv-0234 MCE GGH P

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 16, 2012, 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 filed

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objections to the findings and recommendations.

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

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

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 16, 2012, are adopted in full;

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2. For the reasons given in the court’s April 23, 2012 order, Counts Two, Three,

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Four, Five, Nine, and Ten are dismissed;

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3. Defendants F. Foulk; S. Kokkonen; Bryan Kingston; and Bolls are dismissed
from this action without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
Dated: December 20, 2012

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________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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/chap0234.804(2)

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