Bowen v. Cate et al

Filing 63

ORDER signed by Chief Judge Morrison C. England, Jr. on 7/6/2015 FINDINGS AND RECOMMENDATIONS 62 are ADOPTED in FULL; Plaintiff's claims for prospective injunctive relief and his state claims are DISMISSED without prejudice for failure to pros ecute pursuant to FRCP 41(b); Defendant Beard is DISMISSED from this action because no claims remain against him; Defendants Boparai, Carrick, Chapnick, Conanan, McAlpine, McElroy, Millner, Shadday, and Swarthout are ordered to answer the remaining claims within 30 days from the electronic filing of this order.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BURCH MICHAEL BOWEN,

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Plaintiff,

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No. 2:12-cv-1519 MCE AC P

v.

ORDER

MATTHEW CATE, 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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 3, 2015, the magistrate judge filed findings and recommendations herein 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 fourteen days. ECF No. 62. Neither party

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has filed objections to the findings and recommendations.

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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 ordered

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that:
1. The findings and recommendations filed June 3, 2015 (ECF No. 62) are ADOPTED IN

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FULL.
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2. Plaintiff’s claims for prospective injunctive relief and his state claims are DISMISSED
without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

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3. Defendant Beard is DISMISSED from this action because no claims remain against
him.
4. Defendants Boparai, Carrick, Chapnick, Conanan, McAlpine, McElroy, Millner,

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Shadday, and Swarthout are ordered to answer the remaining claims within thirty (30) days from

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the electronic filing of this order.

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IT IS SO ORDERED.
Dated: July 6, 2015

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