(PC) Woodall v. State of California et al, No. 1:2008cv01948 - Document 35 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING in FULL the FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant Ferro Without Prejudice 32 , signed by Judge Oliver W. Wanger on 7/14/10. (Hellings, J)

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(PC) Woodall v. State of California et al Doc. 35 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 NICK WOODALL, 9 1:08-CV-01948-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING DEFENDANT FERRO WITHOUT PREJUDICE 10 v. 11 STATE OF CALIFORNIA, et al., (ECF NO. 32) 12 Defendants. 13 / 14 15 Plaintiff Nick Woodall (“Plaintiff”) is a prisoner in the 16 custody of the California Department of Corrections and 17 Rehabilitation, proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. 19 United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. 21 The matter was referred to a On June 1, 2010, the Magistrate Judge filed a Findings and 22 Recommendations herein which was served on the parties and which 23 contained notice to the parties that any objection to the 24 Findings and Recommendations was to be filed within twenty days. 25 No objection to the Findings and Recommendations was filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), 27 this Court has conducted a de novo review of this case. Having 28 carefully reviewed the entire file, the Court finds the Findings 1 Dockets.Justia.com 1 and Recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 The Findings and Recommendations, filed June 1, 2010, is adopted in full; and 2. Defendant Ferro is dismissed from this action without 7 prejudice pursuant to Federal Rule of Civil Procedure 8 4(m). 9 IT IS SO ORDERED. 10 Dated: July 14, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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