(PC) Lacy v. Tyson et al, No. 1:2007cv00381 - Document 132 (E.D. Cal. 2012)
Court Description: ORDER signed by District Judge Lawrence J. O'Neill on 11/4/2012 adopting 128 FINDINGS AND RECOMMENDATIONS; denying 92 Motion for Substitution of Parties and dismissing Defendant, R. Reyna from this action with prejudice. (Lundstrom, T)
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(PC) Lacy v. Tyson et al Doc. 132 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY ANDRE LACY, 12 Plaintiff, 13 vs. 14 H. TYSON, et al., 15 1:07-cv-00381-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 128.) ORDER DENYING PLAINTIFF'S MOTION FOR SUBSTITUTION OF PARTIES (Doc. 92.) 16 Defendants. 17 18 19 ORDER DISMISSING DEFENDANT R. REYNA FROM THIS ACTION, WITH PREJUDICE _____________________________/ Gary Andre Lacy (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action 20 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 21 to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 22 On September 20, 2012, findings and recommendations were entered, recommending that 23 Plaintiff's motion for substitution of parties, filed on November 30, 2011, be denied, and defendant 24 R. Reyna be dismissed from this action, with prejudice. On October 25, 2012, Plaintiff filed 25 objections to the findings and recommendations. 26 27 28 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 Dockets.Justia.com 1 including Plaintiff's objections, the Court finds the findings and recommendations to be supported by 2 the record and proper analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. 5 The Findings and Recommendations issued by the Magistrate Judge on September 20, 2012, are ADOPTED in full; 6 2. Plaintiff's motion for substitution of parties, filed on November 30, 2011, is DENIED; 7 3. Defendant R. Reyna is DISMISSED from this action, with prejudice; and 8 4. The Clerk is DIRECTED to reflect the dismissal of defendant R. Reyna on the Court's 9 docket. 10 IT IS SO ORDERED. 11 Dated: b9ed48 November 4, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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