(PC) Farha v. Silva et al, No. 1:2006cv00755 - Document 78 (E.D. Cal. 2010)

Court Description: ORDER Adopting Findings and Recommendations 65 , signed by Judge Oliver W. Wanger on 9/15/2010. (Verduzco, M)
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(PC) Farha v. Silva et al Doc. 78 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MAUWAI FARHA, 10 CASE NO. 1:06-cv-00755-OWW-SKO PC Plaintiff, 11 FINDINGS AND v. 12 ORDER ADOPTING RECOMMENDATIONS B. SILVA, et al., (Doc. 61, 65) 13 Defendants. / 14 15 Plaintiff Mauwai Farha (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On April 30, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Defendant Swain be dismissed pursuant to Federal Rule of Civil Procedure 4(m) 20 due to Plaintiff’s failure to effect service of process. (Doc. #65.) The Magistrate Judge also 21 recommended that Plaintiff’s April 1, 2010 motion requesting additional information regarding 22 Defendant Swain’s current address be denied. (Doc. #61.) The Findings and Recommendations 23 were served on Plaintiff and contained notice to Plaintiff that any objections to the Findings and 24 Recommendations were to be filed within thirty (30) days of the date on which the Findings and 25 Recommendations were served. Plaintiff has failed to file timely objections to the Findings and 26 Recommendations. 27 /// 28 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 2 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 3 finds the Findings and Recommendations to be supported by the record and by proper analysis. 4 Accordingly, the Court HEREBY ORDERS that: 5 1. The April 30, 2010 Findings and Recommendations are ADOPTED in full; 6 2. Plaintiff’s April 1, 2010 motion is DENIED; and 7 3. Defendant Swain is dismissed from this action. 8 IT IS SO ORDERED. 9 Dated: September 15, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2