(PC) Woods v. Carey et al, No. 2:2006cv01857 - Document 52 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 47 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 7/22/2010. Plaintiff's due process claim against defendant Cervantes is DISMISSED with prejudice. With the exception of plaintiff's cognizable retaliation claim against Cervantes, all claims are DISMISSED without prejudice to plaintiff bringing them in separate civil rights actions. (Marciel, M)

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(PC) Woods v. Carey et al Doc. 52 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARNEST C. WOODS, 11 12 13 14 Plaintiff, vs. TOM L. CAREY, et al., Defendants. 15 16 No. CIV S-06-1857 GEB EFB P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On April 26, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 26, 2010, are adopted in full; 3 2. Plaintiff’s due process claim against defendant Cervantes is dismissed with 4 prejudice; and 5 3. With the exception of plaintiff’s cognizable retaliation claim against 6 Cervantes, all claims are dismissed without prejudice to plaintiff bringing them in separate civil 7 rights actions. 8 Dated: July 22, 2010 9 10 11 GARLAND E. BURRELL, JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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