Birrell, et al., v. Fox, et al.,

Filing 55

ORDER signed by District Judge John A. Mendez on 7/10/2019 ADOPTING IN PART 50 Findings and Recommendations and DISMISSING from this action plaintiffs Danny Bell, Raymond D. Jackson, Sr., Perry Lewis, Randy Lee Gutschenritter, Claude Parker, Jr., and Alfred Ray White. The magistrate judge's recommendation that plaintiff Thomas Temple Alford be dismissed is NOT ADOPTED. (York, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID WESLEY BIRRELL, et al., 12 Plaintiff, 13 14 No. 2:16-cv-1818 JAM CKD P v. ORDER ROBERT W. FOX, 15 Defendant. 16 Plaintiffs, state prisoners proceeding pro se, filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 8, 2019, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff Thomas Alford has 23 filed objections asking that he not be dismissed from this action. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court will adopt the findings and recommendations with the exception that plaintiff Alford will 27 not be dismissed. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 8, 2019 are adopted in part in that 3 plaintiffs, Bell, Jackson, Lewis, Gutschenritter, Parker and White are dismissed from this 4 action; and 5 6 2. The magistrate judge’s recommendation that plaintiff Thomas Alford be dismissed is not adopted. 7 8 9 Dated: July 10, 2019 /s/ John A. Mendez JOHN A. MENDEZ United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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