(PC) Tucker v. Tarter et al, No. 1:2012cv00578 - Document 25 (E.D. Cal. 2012)

Court Description: ORDER Adopting 20 Findings and Recommendations; ORDER Dismissing Defendant Tarter, signed by District Judge Lawrence J. O'Neill on 11/13/12. Donna Tarter (Judge of the Kings County Superior Court) Terminated. (Gonzalez, R)

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(PC) Tucker v. Tarter et al Doc. 25 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 JERALD TUCKER, ) ) Plaintiff, ) ) v. ) ) RALPH DIAZ, ET AL., ) ) Defendants. ) ____________________________________) NO. 1:12 cv 00578 LJO GSA PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 20 ) ORDER DISMISSING DEFENDANT TARTER 15 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 17 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 18 Rule 302. 19 On October 9, 2012, findings and recommendations were entered, recommending 20 dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff 21 was provided an opportunity to file objections within thirty days. On October 31, 2012, 22 Plaintiff filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 24 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 court finds the findings and recommendations to be supported by the record and proper analysis. 26 Accordingly, THE COURT HEREBY ORDERS that: 27 1. The Findings and Recommendations issued by the Magistrate Judge on October 9, 28 Dockets.Justia.com 1 2012, are adopted in full; 2 3 2. Defendant Tarter is dismissed from this action based on Plaintiff’s failure to state a claim for relief. 4 5 IT IS SO ORDERED. 6 Dated: b9ed48 November 13, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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