Fisher v. Cappel et al

Filing 15

ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 9/11/13. Defendants Swarthout and Rosario are DISMISSED from this action; plaintiff's claims for retaliation are DISMISSED. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN FISHER,

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No. 2:13-cv-0642 GEB AC P
Plaintiff,

v.

ORDER

R. CAPPEL, 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.

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On August 9, 2013, the magistrate judge filed findings and recommendations herein

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

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

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findings and recommendations have been filed.

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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 August 9, 2013 , are adopted in full;

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2. For the reasons explained in the order filed on June 20, 2013 (ECF No. 9): (1)
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defendants Swarthout and Rosario are dismissed from this action; and (2) plaintiff’s claims for

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retaliation are dismissed.

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Dated: September 11, 2013

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