(PC) Hendon v. Baroya et al, No. 1:2005cv01247 - Document 67 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 55 FINDINGS AND RECOMMENDATIONS; ORDER Dismissing Defendant Hamilton from this Action Based on Insufficient Information to Effect Service signed by Chief Judge Anthony W. Ishii on 12/10/2010. Hamilton Terminated from Action. (Flores, E)
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(PC) Hendon v. Baroya et al Doc. 67 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CARLOS HENDON, 11 Plaintiff, 12 vs. 13 BAROYA, et al., 14 15 Defendants. 1:05-cv-01247-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 55.) ORDER DISMISSING DEFENDANT HAMILTON FROM THIS ACTION BASED ON INSUFFICIENT INFORMATION TO EFFECT SERVICE _____________________________/ 16 Carlos Hendon (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 17 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 18 pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 19 On October 20, 2010, findings and recommendations were entered, recommending 20 that defendant Hamilton be dismissed from this action, without prejudice, based on Plaintiff's failure 21 to provide sufficient information to locate the defendant for service of process. Plaintiff was 22 provided an opportunity to file objections to the findings and recommendations within thirty days. 23 To date, Plaintiff has not filed objections or otherwise responded to the findings and 24 recommendations. 25 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, 26 this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on October 3 20, 2010, are adopted in full; 4 5 2. Defendant Hamilton is dismissed from this action, without prejudice, based on Plaintiff's failure to provide sufficient information to locate the defendant for service of process; and 6 3. The Clerk of the Court is directed to reflect the dismissal of defendant Hamilton 7 from this action on the Court's docket. 8 IT IS SO ORDERED. 9 10 Dated: 0m8i78 December 10, 2010 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2