(PC) Shirley, et al v. Tuggle, et al, No. 2:2005cv02468 - Document 54 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 07/27/10 GRANTING as to Frans and Wong 51 Motion to Dismiss ; ADOPTING in full 52 FINDINGS AND RECOMMENDATIONS. Joe Frans and Karen Wong terminated. (Williams, D)
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(PC) Shirley, et al v. Tuggle, et al Doc. 54 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEON SHIRLEY, No. CIV S-05-2468-FCD-CMK-P Plaintiff, 12 13 vs. 14 J. TUGGLE, et al., 15 ORDER Defendants. / 16 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. 20 On June 3, 2010, the Magistrate Judge filed findings and recommendations herein 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. No objections to the findings and recommendations have been filed. 23 24 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge's analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The findings and recommendations filed June 3, 2010, are adopted in full; 1 Dockets.Justia.com 1 2. Defendants’ motion to dismiss (Doc. 51) is granted; 2 3. Defendants Franz and Wong are dismissed from this action for failure to 3 4 5 exhaust administrative remedies; and 4. This action shall proceed against defendants Tuggle and Clemmons only. DATED: July 27, 2010. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2