Williams v. Arnold et al

Filing 40

ORDER signed by District Judge John A. Mendez on 4/19/17: The findings and recommendations filed February 6, 2017 35 are adopted in full. Defendants' Motion for Summary Judgment 24 is granted and this case is dismissed without prejudice. (Kaminski, H)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 LANCE WILLIAMS, 11 Plaintiff, 12 13 No. 2:15-cv-0782 JAM DB P v. ORDER ERIC ARNOLD, et al., 14 Defendants. 15 Plaintiff, a state prisoner proceeding pro se1 and in forma pauperis, has filed this civil 16 17 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 6, 2017, the magistrate judge filed findings and recommendations herein 19 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 22 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 23 24 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 //// 26 1 27 28 On March 3, 2017, attorney Paul Richard Martin filed a “Notice of Appearance” on behalf of plaintiff. (ECF No. 38.) However, that document was removed from the docket because Mr. Martin failed to file a Substitution of Counsel signed by plaintiff as required by Local Rule 182(g). To date, Mr. Martin has not filed a Substitution of Counsel. 1 1 court finds the findings and recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 6, 2017 (ECF No. 35) are adopted in 5 6 full; and 2. Defendants’ Motion for Summary Judgment (ECF No. 24) is granted and this case is 7 dismissed without prejudice. 8 DATED: April 19, 2017 9 /s/ John A. Mendez________________________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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