(PC) Lopez v. Hubbard, et al, No. 2:2009cv01928 - Document 56 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/15/2010 RECOMMENDING that dft's 46 motion to dismiss be granted. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due w/in 14 days. (Yin, K)

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(PC) Lopez v. Hubbard, et al Doc. 56 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH LOPEZ, 11 Plaintiff, 12 13 vs. SUE HUBBARD, et al., 14 Defendants. 15 On April 28, 2010, defendant Garcia filed a motion to dismiss (Doc. 46). On May 17, 2010, plaintiff filed a non-opposition to the motion to dismiss (Doc. 51). 18 19 FINDINGS & RECOMMENDATIONS / 16 17 No. CIV S-09-1928 GEB GGH P Therefore, IT IS HEREBY RECOMMENDED that defendant’s motion to dismiss be granted (Doc. 46) and defendant Garcia be dismissed from this action. 20 These findings and recommendations are submitted to the United States District 21 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 22 days after being served with these findings and recommendations, plaintiff may file written 23 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 24 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 25 \\\\\ 26 \\\\\ Dockets.Justia.com 1 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: June 15, 2010 4 /s/ Gregory G. Hollows 5 UNITED STATES MAGISTRATE JUDGE 6 GGH: AB lope1928.fr2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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