-JLT (PC) Barrett v. Cate et al, No. 1:2009cv01741 - Document 49 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 45 FINDINGS AND RECOMMENDATIONS; ORDERED that all claims as to Defendant McGinnis are DISMISSED and Defendant McGinnis is Terminated from this action, signed by District Judge Lawrence J. O'Neill on 10/26/2011. (Martin-Gill, S)

Download PDF
-JLT (PC) Barrett v. Cate et al Doc. 49 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 ROBERT E. BARRETT, 6 Case No. 1:09-cv-01741 LJO JLT (PC) Plaintiff, 7 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS vs. (Doc. 45) 8 MATTHEW CATE, et al., 9 Defendants. 10 / 11 On September 23, 2011 the Court ordered Plaintiff to show cause why Defendant McGinnis 12 should not be dismissed from the action. (Doc. 42). As noted in the Court’s order, Defendant McGinnis 13 was unserved, had not been located, and it appeared that Plaintiff had misidentified this defendant. Id. 14 On October 3, 2011 Plaintiff responded to the Court’s order and indicated that he had erroneously named 15 Defendant McGinnis in his complaint and that any “allegations made against “McGinnis” are to be 16 construed as allegations against Defendant McGuinness.” (Doc. 43). Accordingly, the Court issued its 17 Findings and Recommendations (Doc. 45), recommending that all claims as to Defendant McGinnis be 18 dismissed and that Defendant McGinnis be terminated from the action. Neither Party has filed 19 objections to the findings and recommendation. 20 In accordance with 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this 21 case. Having carefully reviewed the entire file, the Court finds that the findings and recommendations 22 issued by the assigned Magistrate Judge are well supported by the record. 23 Accordingly, it is HEREBY ORDERED that all claims as to Defendant McGinnis are dismissed 24 and Defendant McGinnis is terminated from this action. 25 IT IS SO ORDERED. 26 Dated: b9ed48 October 26, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 27 28 1 Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.