(PC) Brookins v. Hernandez et al, No. 1:2017cv01675 - Document 39 (E.D. Cal. 2019)

Court Description: ORDER Adopting 29 FINDINGS AND RECOMMENDATIONS, and DISMISSING Defendant Salvado, without Prejudice, Pursuant to Rule 4(M) of the Federal Rules of Civil Procedure signed by District Judge Anthony W. Ishii on 4/12/2019. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BARRY LEE BROOKINS, 12 Plaintiff, 13 14 v. M. HERNANDEZ, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01675-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING DEFENDANT SALVADO, WITHOUT PREJUDICE, PURSUANT TO RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE [ECF No. 29] Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On December 17, 2018, the Magistrate Judge issued a Findings and Recommendation 20 recommending that Defendant Salvado be dismissed from the action, without prejudice, pursuant to 21 Rule 4(m) of the Federal Rules of Civil Procedure. The Findings and Recommendation was served on 22 Plaintiff and contained notice that objections were to be filed within fourteen days. No objections 23 were filed and the time to do so has expired. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendation to be supported by the record and by proper analysis. 27 /// 28 /// 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. The December 17, 2018, Findings and Recommendation (ECF No. 29) is adopted; and 3 2. Defendant Salvado is dismissed, without prejudice, pursuant to Rule 4(m) of the 4 Federal Rules of Civil Procedure. 5 6 IT IS SO ORDERED. 7 Dated: April 12, 2019 8 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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