Wolinski v. Lewis et al

Filing 78

ORDER signed by Senior Judge Morrison C. England, Jr on 9/18/2023 ADOPTING 75 The Findings and Recommendations in full; The following individuals who have been named as defendants in this action are herein DISMISSED on the grounds that Plaintiff has failed to state viable claims against them: J. Lewis; J. Porras; D. Brown; J. Cheeseman; D. Celaya; B. Barrett; Constacio; and A. Lopez. This action shall proceed against Defendants W. Golsh; J. Penaflorida; R. Longshore; R. Ward; R. Singh; and M. Gomez.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRZYSZTOF F. WOLINSKI,

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No. 2-17-cv-0583 MCE AC P

Plaintiff,

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v.

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J. LEWIS, et al.,

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ORDER

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 21, 2023, the magistrate judge issued findings and recommendations herein

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

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thereto were to be filed within fourteen days. ECF No. 75. As of the date of this Order, neither

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party has timely filed objections to the findings and recommendations.1

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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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The magistrate judge denied Plaintiff’s motion for a 30-day extension of time to file an
objection to the findings and recommendations. See ECF Nos. 76–77.
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1. The findings and recommendations issued August 21, 2023 (ECF No. 75) are
ADOPTED in full.

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2. The following individuals who have been named as defendants in this action are

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herein DISMISSED on the grounds that Plaintiff has failed to state viable claims against them: J.

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Lewis; J. Porras; D. Brown; J. Cheeseman; D. Celaya; B. Barrett; Constacio; and A. Lopez.

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3. This action shall proceed against Defendants W. Golsh; J. Penaflorida; R. Longshore;
R. Ward; R. Singh; and M. Gomez.
IT IS SO ORDERED.
Dated: September 18, 2023

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