Calhoun v. Gomez et al
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 10/30/2014 ADOPTING 40 Findings and Recommendations in full. Defendant Merriweather is DISMISSED from this action. (Donati, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMONT L. CALHOUN,
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Plaintiff,
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No. 2:12-cv-2856-GEB-EFB P
v.
ORDER
M. GOMEZ, 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 April 9, 2014, 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. Plaintiff has filed
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objections to the findings and recommendations.
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 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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed April 9, 2014, are adopted in full; and
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2. Defendant Merriweather is dismissed from this action. See Fed. R. Civ. P. 25(a)(1) (if
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motion for substitution “is not made within 90 days after service of a statement noting the death,
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the action by or against the decedent must be dismissed”).
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So ordered.
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Dated: October 30, 2014
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