(PC) Martin v. Woodford et al, No. 1:2008cv00415 - Document 106 (E.D. Cal. 2010)

Court Description: ORDER Adopting 92 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING Defendant McGuiness's 54 Motion to Dismiss; ORDER DISMISSING Defendant McGuiness from this Action signed by District Judge Lawrence J. O'Neill on 9/29/2010. (Sant Agata, S)
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(PC) Martin v. Woodford et al Doc. 106 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CLAUDELL EARL MARTIN, 10 Plaintiff, 11 CASE NO. 1:08-cv-00415-LJO-SKO PC ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. (Doc. 92) 12 JEANNE S. WOODFORD, et al., 13 Defendants. / 14 15 Plaintiff Claudell Earl Martin (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On July 13, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Defendant McGuinness’s motion to dismiss be granted and Plaintiff’s claim 20 against McGuinness be dismissed as barred by the applicable statute of limitations. (Doc. #92.) The 21 Findings and Recommendations were served on all parties and contained notice that any objections 22 to the Findings and Recommendations were to be filed within thirty (30) days of the date on which 23 the Findings and Recommendations were served. Plaintiff filed objections on September 20, 2010. 24 (Doc. #102.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 26 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 27 finds the Findings and Recommendations to be supported by the record and by proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, the Court HEREBY ORDERS that: 2 1. The July 13, 2010 Findings and Recommendations are ADOPTED in full; 3 2. Defendant McGuinness’s motion to dismiss is GRANTED; and 4 3. Defendant McGuinness is dismissed from this action. 5 6 IT IS SO ORDERED. Dated: b9ed48 September 29, 2010 /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