(PC) Wilson v. Nesbeth et al, No. 2:2006cv01139 - Document 30 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 9/4/09 ORDERING the Findings and Recommendations 24 are ADOPTED IN FULL; this action shall proceed on pltf's retaliation claims against dft Nesbeth ONLY; all dfts other than Nesbeth are DISMISSED. Dfts Vincent Cullen, John Dovey, Harris, Hudnall, A Masuret, Mayer, O'Ran, R. Piazza, Riley, E. Ryan, Shankland, James E. Tilton, Martin Veal, E. Arnold and Cruz DISMISSED. (Carlos, K)

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(PC) Wilson v. Nesbeth et al Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID W. WILSON, Plaintiff, 12 vs. 13 14 No. CIV S-06-1139-FCD-CMK-P ORDER W.C. NESBETH, et al., Defendants. 15 / 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 August 6, 2009, the Magistrate Judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. Timely objections to the findings and recommendations have 23 been filed. 24 /// 25 /// 26 /// 1 Dockets.Justia.com In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 1 2 304, this court has conducted a de novo review of this case. Having carefully reviewed the 3 entire file, the court finds the findings and recommendations to be supported by the record and 4 by proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed August 6, 2009, are adopted in 2. This action shall proceed on plaintiff’s retaliation claims against defendant 7 8 9 10 full; Nesbeth only; and 3. All defendants other than Nesbeth are dismissed and the Clerk of the 11 Court is directed to terminate such defendants and update the docket to reflect that this action 12 proceeds against defendant Nesbeth only. 13 DATED: September 4, 2009. 14 15 16 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2

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