(PC) Brush v. Farber-Szekrenyi et al, No. 1:2007cv01009 - Document 86 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 85 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant Watts From Action Without Prejudice signed by District Judge Lawrence J. O'Neill on 11/30/2009. (Jessen, A)
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(PC) Brush v. Farber-Szekrenyi et al Doc. 86 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 GARY H. BRUSH, 13 14 15 CASE NO. 1:07-cv-01009-LJO-DLB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING DEFENDANT WATTS FROM ACTION WITHOUT PREJUDICE v. FARBER-SZEKRENYI, et al., (Doc.85) 16 Defendants. 17 / 18 19 Plaintiff Gary H. Brush (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 20 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 22 On October 21, 2009, the Magistrate Judge filed a Findings and Recommendations herein 23 which was served on plaintiff and which contained notice to the parties that any objection to the 24 Findings and Recommendations was to be filed within thirty days. Neither party filed any 25 objections. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 28 and Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed October 21, 2009, is adopted in full; and 3 2. Defendants Watts is dismissed from this action without prejudice pursuant to Federal 4 Rule of Civil Procedure 4(m). 5 IT IS SO ORDERED. 6 Dated: b9ed48 November 30, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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