Gipbsin v. Kernan, et al

Filing 250

ORDER ADOPTING 241 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 01/29/19 DISMISSING defendant Neal without prejudice under Rule 4(m); this matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLARENCE A. GIPBSIN,

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Plaintiff,

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v.

No. 2:12-cv-0556 KJM DB P

ORDER

SCOTT KERNAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 14, 2018, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within twenty-one days. (ECF No. 241.) Plaintiff

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has filed objections to the findings and recommendations. (ECF No. 245.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 14, 2018, are adopted in full;

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2. Defendant Neal is dismissed from this action without prejudice under Rule 4(m); and

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3. This matter is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: January 29, 2019.

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UNITED STATES DISTRICT JUDGE

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