(PC) Bruce v. Woodford, et al., No. 1:2007cv00269 - Document 93 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 88 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING Defendant Eddie Sanchez, signed by Chief Judge Anthony W. Ishii on 12/15/2010. (Marrujo, C)
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(PC) Bruce v. Woodford, et al. Doc. 93 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 VINCENT C. BRUCE, 10 Plaintiff, 11 12 CASE NO. 1:07-cv-00269-AWI-SKO PC ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. ORDER DISMISSING DEFENDANT SANCHEZ JEANNE WOODFORD, et al., 13 Defendants. (Doc. 88) / 14 15 Plaintiff Vincent C. Bruce (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 16 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 17 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On September 21, 2010, the Magistrate Judge issued a Findings and Recommendations 19 which recommended that Defendant Sanchez be dismissed due to Plaintiff’s failure to effect service 20 of process on him. (Doc. #88.) The Findings and Recommendations were served on Plaintiff and 21 contained notice to Plaintiff that any objections to the Findings and Recommendations were to be 22 filed within thirty (30) days of the date on which the Findings and Recommendations were served. 23 Plaintiff filed objections on October 25, 2010. (Doc. #91.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 25 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 26 finds the Findings and Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, the Court HEREBY ORDERS that: 2 1. The September 21, 2010 Findings and Recommendations are ADOPTED in full; 3 2. Defendant Sanchez is DISMISSED under Federal Rule of Civil Procedure 4(m) due 4 5 to Plaintiff’s failure to effect service of process. IT IS SO ORDERED. 6 7 Dated: 0m8i78 December 15, 2010 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2