(PC) Chavez v. California Department of Corrections, et al, No. 1:2005cv01459 - Document 30 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 28 , and Dismissing Defendant Moerdyk Without Prejudice, Thus Concluding This Action in Its Entirety signed by District Judge Lawrence J. O'Neill on 2/5/2009. CASE CLOSED.(Esteves, C)
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(PC) Chavez v. California Department of Corrections, et al Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWIN CHAVEZ, 12 CASE NO. CV-F-05-1459 LJO DLB P Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING DEFENDANT MOERDYK WITHOUT PREJUDICE, THUS CONCLUDING THIS ACTION IN ITS ENTIRETY 13 vs. 14 15 16 MOERDYK, Defendant. / 17 18 Plaintiff Edwin Eduardo Chavez (“plaintiff”) is a state prisoner proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 21 On September 3, 2008, the Magistrate Judge filed a Findings and Recommendations 22 recommending that defendant Moerdyk be dismissed from the action on the grounds that plaintiff was 23 unable to provide further information to facilitate service by the United States Marshal upon defendant 24 Moerdyk. The Findings and Recommendations was served on plaintiff and contained notice to plaintiff 25 that any objection to the Findings and Recommendations was to be filed within thirty days. 26 Plaintiff filed an Objection to the Findings and Recommendations on October 10, 2008. Plaintiff 27 indicates that services to locate the defendant will be rendered between October 16, 2008 and November 28 20, 2008. However, Plaintiff has still not provided an address or any other information to locate and 1 Dockets.Justia.com 1 effect service upon defendant Moerdyk. 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 3 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 4 Recommendations to be supported by the record and by proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations, filed September 3, 2008, is adopted in full, and 7 2. Defendant Moerdyk is dismissed from this action, without prejudice, thus concluding this 8 9 10 action in its entirety. IT IS SO ORDERED. Dated: b9ed48 February 5, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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