(PC) Wagner v. Posner et al, No. 2:2009cv03166 - Document 32 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 29 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Frank C. Damrell, Jr. on 7/7/2010. The 20 Motion to Dismiss is GRANTED and defendants Moss - Posner and Calvin Schuster are TERMINATED. (Marciel, M)
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(PC) Wagner v. Posner et al Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLINTON WAGNER Plaintiff, 11 vs. 12 13 No. 2:09-cv-3166 FCD KJN P MOSS POSNER, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. 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. On May 26, 2010, the magistrate judge filed findings and recommendations 19 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 //// 1 Dockets.Justia.com 1 1. The findings and recommendations filed May 26, 2010 are adopted in full. 2 2. The motion to dismiss filed April 20, 2010 on behalf of defendants Schuster 3 and Posner (Dkt. No. 20) is granted. 4 DATED: July 7, 2010. 5 6 7 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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