(PC) Garcia v. Masiel et al, No. 1:2007cv01750 - Document 18 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 10 , and DISMISSING Certain Defendants signed by Chief Judge Anthony W. Ishii on 4/16/2009. (Figueroa, O)

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(PC) Garcia v. Masiel et al Doc. 18 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ROBERT GARCIA, CASE NO. 1:07-cv-01750-AWI DLB PC 9 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN DEFENDANTS 10 v. 11 A. MASIEL, et al., (Doc. 10) 12 Defendants. 13 14 / 15 16 Plaintiff Robert Garcia (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 17 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 18 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 19 On January 12, 2009, the Magistrate Judge filed a Findings and Recommendations herein 20 which was served on plaintiff and which contained notice to plaintiff that any objection to the 21 Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely 22 Objection to the Findings and Recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 25 and Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Findings and Recommendations, filed January 12, 2009, is adopted in full; /// 1 Dockets.Justia.com 1 2. This action shall proceed only against Defendant Ojeda on Plainitff’s Eighth 2 Amendment claim, and against defendant Silva on his First and Eighth Amendment 3 claims; and 4 3. 5 Defendants Masiel, Davis, Akin, Hall, and Baiderama are dismissed from this action. 6 7 IT IS SO ORDERED. 8 Dated: 0m8i78 April 16, 2009 /s/ Anthony W. Ishii CHIEF 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

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