(PC) Eichler v. Tilton et al, No. 2:2006cv02894 - Document 118 (E.D. Cal. 2010)

Court Description: ORDER adopting 113 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 3/31/10: 101 Defendants' motion for judgment on the pleadings is granted. Defendants Tilton, Woodford, Hickman, Terhune, Gomez, Williams, Ling and Tristan are dismissed from this action. This action will continue only against defendants Nessenson, Duckett, Stogsdill, Morris, and Sturges. (Kaminski, H)

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(PC) Eichler v. Tilton et al Doc. 118 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE EICHLER, 12 13 14 No. CIV S-06-2894-JAM-CMK-P Plaintiff, vs. ORDER TILTON, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, brings this civil 18 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to Eastern District of California local rules. 20 On January 28, 2010, the Magistrate Judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. Timely objections to the findings and recommendations have 23 been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and by 1 Dockets.Justia.com 1 proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed January 28, 2010, are adopted in 5 2. Defendants’ motion for judgment on the pleadings (Doc. 101) is granted; 6 3. Defendants Tilton, Woodford, Hickman, Terhune, Gomez, Williams, Ling 4 7 full; and Tristan are dismissed from this action; and 8 4. 9 Stogsdill, Morris, and Sturges. 10 DATED: This action will continue only against defendants Nessenson, Duckett, March 31, 2010 11 12 /s/ John A. Mendez 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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