Sekona v. Custino, et al.

Filing 73

ORDER signed by District Judge John A. Mendez on 9/27/18 ADOPTING 67 FINDINGS AND RECOMMENDATIONS, GRANTING 71 Motion to dismiss and DENYING 60 Motion for injunctive relief. (Kaminski, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ETUATE SEKONA, 12 Plaintiff, 13 14 No. 2:16-CV-0517-JAM-CMK-P v. ORDER F. CUSTINO, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 17 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. On July 20, 2018, the Magistrate Judge filed findings and recommendations herein 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. The Magistrate Judge has recommended dismissal of Charon and Angle 23 as defendants to this action, as well as denial of plaintiff’s motion for injunctive relief. While 24 plaintiff has not filed objections to the findings and recommendations, he has filed a motion 25 requesting voluntary dismissal of defendants Charon and Angle. The court has reviewed the file and finds the findings and recommendations to be 26 27 supported by the record and the Magistrate Judge’s analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 20, 2018, are adopted in full; 3 2. Plaintiff’s motion for voluntary dismissal of defendant Charon and Angle 4 5 6 7 (Doc. 71) is granted; 3. Defendants Charon and Angle are dismissed and this action shall proceed as against defendants Custino and Snow; and 4. Plaintiff’s motion for injunctive relief (Doc. 60) is denied. 8 9 10 DATED: September 27, 2018 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATED 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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