(PC) McAllister v. Gunja et al, No. 1:2006cv00082 - Document 42 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS signed by Judge Oliver W. Wanger on 06/07/2010. Gunja, Booth, Gant, Jusino, Smith, and the U.S. Bureau of Prisons are DISMISSED from this action. (Flores, E)
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(PC) McAllister v. Gunja et al Doc. 42 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN I. MCALLISTER, 10 CASE NO. 1:06-cv-00082-OWW-SKO PC Plaintiff, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 15) 12 J.E. GUNJA, et al., 13 Defendants. / 14 15 Plaintiff John I. McAllister (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal 17 Bureau of Narcotics, 403 U.S. 388 (1971). The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On February 10, 2009, the Magistrate Judge issued a Findings and Recommendations which 20 recommended that Plaintiff’s equal protection claims and due process claims be dismissed and that 21 Defendants Gunja, Booth, Gant, Jusino, Smith, and the U.S. Bureau of Prisons be dismissed from 22 this action. The Findings and Recommendations were served on Plaintiff and contained notice to 23 Plaintiff that any objections to the Findings and Recommendations were to be filed within thirty (30) 24 days of date on which they were served. Plaintiff has not filed objections to the Findings and 25 Recommendations.1 26 /// 27 1 28 Defendants made an appearance in this action after the findings and recommendations issued. Defendants have not filed objections to the findings and recommendations. 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 2 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 3 finds the Findings and Recommendations to be supported by the record and by proper analysis. 4 Accordingly, the Court HEREBY ORDERS that: 5 1. The February 10, 2009 Findings and Recommendations are ADOPTED in full; 6 2. Plaintiff’s equal protection claims and due process claims are DISMISSED; and 7 3. Defendants Gunja, Booth, Gant, Jusino, Smith, and the U.S. Bureau of Prisons are DISMISSED from this action.IT IS SO ORDERED. 8 9 Dated: June 7, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT 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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