Anderson v. Kelso, et al.

Filing 96

ORDER signed by Chief Judge Morrison C. England, Jr on 12/04/12 adopting 51 FINDINGS AND RECOMMENDATIONS. The claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and Wagner contained in plaintiff's second amended complaint are dismissed. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL ANDERSON, 11 12 Plaintiff, No. 2:12-cv-0261 MCE KJN P vs. 13 MATTHEW TATE, et al., 14 Defendants. 15 16 ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On May 31, 2012, the magistrate judge filed findings and recommendations herein 20 which were served on plaintiff and which contained notice to plaintiff that any objections to the 21 findings and recommendations were to be filed within twenty-one days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 31, 2012, are adopted in full; and 3 2. The claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and 4 5 Wagner contained in plaintiff’s second amended complaint are dismissed. Dated: December 4, 2012 6 7 8 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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