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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,

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Plaintiff,

No. 2:12-cv-0261 MCE KJN P

vs.

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MATTHEW TATE, et al.,

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Defendants.

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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 May 31, 2012, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within twenty-one 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 May 31, 2012, are adopted in full; and

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2. The claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and

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Wagner contained in plaintiff’s second amended complaint are dismissed.
Dated: December 4, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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