(PC) Martin v. Woodford et al, No. 1:2008cv00415 - Document 45 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING in FULL the FINDINGS AND RECOMMENDATIONS 35 , and DISMISSING Defendants Gonzales and Reed From Action, Without Prejudice, signed by District Judge Lawrence J. O'Neill on 8/12/09: Pursuant to Federal Rule of Civil Procedure 4(m), defendants K. Reed and J. Gonzales are dismissed from this action, without prejudice. (Hellings, J)

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(PC) Martin v. Woodford et al Doc. 45 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 CLAUDELL EARL MARTIN, 6 Plaintiff, 7 CASE NO. 1:08-cv-00415 LJO DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING DEFENDANTS GONZALES AND REED FROM ACTION, WITHOUT PREJUDICE vs. 8 JEANNE S. WOODFORD, et al., (Doc. 35) 9 Defendants. 10 / 11 12 Plaintiff Claudell Earl Martin, a state prisoner proceeding pro se and in forma pauperis, has filed 13 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 14 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 15 On June 19, 2009, the Magistrate Judge filed a Findings and Recommendations herein which was 16 served on the parties and which contained notice to the parties that any objections to the Findings and 17 Recommendations were to be filed within thirty days. On July 13, 2009, plaintiff filed an Objection. 18 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 19 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 20 Recommendations to be supported by the record and by proper analysis. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. The Findings and Recommendations, filed June 19, 2009, is adopted in full; 23 2. Pursuant to Federal Rule of Civil Procedure 4(m), defendants K. Reed and J. Gonzales are dismissed from this action, without prejudice.IT IS SO ORDERED. 24 25 Dated: b9ed48 August 12, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 26 27 28 1 Dockets.Justia.com

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