(PC) Zepeda v. Yates et al, No. 1:2007cv01483 - Document 40 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 33 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 23 Defendants R. J. Reynolds and Brown & Williamson's Motion to Dismiss, Subject to Further Service of Process, signed by District Judge Lawrence J. O'Neill on 10/19/2010. (Jessen, A)
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(PC) Zepeda v. Yates et al Doc. 40 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ALFREDO E. ZEPEDA, 11 12 13 Plaintiff, vs. JAMES A. YATES, et al., 14 15 16 17 Defendants. _____________________________/ 1:07-cv-01483-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 33.) ORDER GRANTING MOTION TO DISMISS FILED BY DEFENDANTS R. J. REYNOLDS AND BROWN & WILLIAMSON, SUBJECT TO FURTHER SERVICE OF PROCESS (Doc. 23.) Alfredo E. Zepeda (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 20 On July 27, 2010, findings and recommendations were entered, recommending that 21 the motion to dismiss filed by defendants R. J. Reynolds and Brown & Williamson be granted, 22 subject to further service of process. (Doc. 33.) On October 14, 2010, Plaintiff filed objections to 23 the findings and recommendations. (Docs. 38, 39.) 24 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, 25 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 26 including Plaintiff's objections, the Court finds the findings and recommendations to be supported by 27 the record and proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on July 27, 3 2010, are adopted in full; and 4 5 2. The motion to dismiss, filed on December 12, 2009 by defendants R. J. Reynolds and Brown & Williamson is granted, subject to further service of process. 6 7 IT IS SO ORDERED. 8 Dated: 66h44d October 19, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2