Lewis et al v. Gardiner, et al

Filing 11

ORDER adopting 10 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 8/28/12: The request for permissive joinder of plaintiffs and for class certification is denied. Plaintiffs Ken A Marchesin and Robert Mistriel dismissed. (Kaminski, H)

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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 K. LEWIS, et al.,

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Plaintiffs,

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No. 2:12-cv-0986 JAM EFB P

vs.
GARDINER, et al.,

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Defendants.

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ORDER
/

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Plaintiff David Lewis, Ken Marchesin, and Robert Mistriel, state prisoners

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proceeding pro se, have filed this civil rights action seeking relief under 42 U.S.C. § 1983. The

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.

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On June 19, 2012, the magistrate judge filed findings and recommendations

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herein which were served on the plaintiffs and which contained notice to the plaintiffs that any

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objections to the findings and recommendations were to be filed within twenty days. No

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objections have been filed.1

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The file reflects that plaintiff Lewis’s copy of the findings and recommendations were
returned by the Postal Service marked “Undeliverable, Deceased.”
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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. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed June 19, 2012, are adopted in full;

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2. The request for permissive joinder of plaintiffs and for class certification is

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denied; and
3. Plaintiffs Ken Marchesin and Robert Mistriel are dismissed from this action.
DATED: August 28, 2012
/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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