(PC) Herrera v. Hall et al, No. 1:2008cv01882 - Document 65 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 57 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendants Dill and Bluford, signed by District Judge Lawrence J. O'Neill on 8/27/2010. (Jessen, A)
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(PC) Herrera v. Hall et al Doc. 65 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CARLOS HERRERA, 10 CASE NO. 1:08-cv-01882-LJO-SKO PC Plaintiff, 11 FINDINGS AND v. 12 ORDER ADOPTING RECOMMENDATIONS C. HALL, et al., (Doc. 57) 13 Defendants. / 14 15 Plaintiff Carlos Herrera (“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 20, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Defendants Dill and Bluford be dismissed from this action pursuant to Federal 20 Rule of Civil Procedure 4(m) due to Plaintiff’s failure to effect service of process on them. (Doc. 21 #57.) The Findings and Recommendations were served on all parties and contained notice that any 22 objections to the Findings and Recommendations were to be filed within thirty (30) days of the date 23 on which the Findings and Recommendations were served. Neither party has filed objections to the 24 Findings and Recommendations. 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 20, 2010 Findings and Recommendations are ADOPTED in full; and 3 2. Defendants Dill and Bluford are dismissed from this action. 4 5 IT IS SO ORDERED. Dated: b9ed48 August 27, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2