(PC) Woodall v. State of California et al, No. 1:2008cv01948 - Document 20 (E.D. Cal. 2009)
Court Description: ORDER adopting 16 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by Judge Oliver W. Wanger on 12/30/2009. (Sant Agata, S)
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(PC) Woodall v. State of California et al Doc. 20 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 NICK WOODALL, CASE NO. 1:08-cv-01948-OWW-DLB PC 13 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS 14 v. 15 STATE OF CALIFORNIA, et al., (Doc. 16) 16 Defendants. 17 / 18 19 Plaintiff Nick Woodall (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 20 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On November 16, 2009, the Magistrate Judge filed a Findings and Recommendations herein 23 which was served on plaintiff and which contained notice to plaintiff that any objection to the 24 Findings and Recommendations was to be filed within thirty days. Plaintiff did not file any 25 Objection to the Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 28 and Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed November 16, 2009, is adopted in full; 3 2. This action proceed on Plaintiff’s complaint, filed December 22, 2008, against 4 Defendants Valdez, Ferro, A. Raygosa, T. Lawson, M. Sexton, Olive, and T. 5 Gonzales III for violation of the Eighth Amendment; and 6 3. Defendants the State of California, California Department of Corrections and 7 Rehabilitation, R. Castro, E. Felix, E. Meyer, J. Torres, M. Alaniz, A. Robles, and 8 Flores are dismissed from this action for failure to state a claim upon which relief 9 may be granted. 10 IT IS SO ORDERED. 11 Dated: December 30, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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