(PC) Gipbsin v. Kernan et al, No. 2:2007cv00157 - Document 87 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 2/13/09 ORDERING the Findings and Recommendations 57 are ADOPTED IN FULL; the conspiracy claim against dft Felker and all claims against dfts Colon, Naargard, Clark, Battey, Wong, Kernan, Terhune and Hardy are DISMISSED WITHOUT PREJUDICE. (Carlos, K)

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(PC) Gipbsin v. Kernan et al Doc. 87 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE A. GIPBSIN, 11 12 13 14 Plaintiff, vs. SCOTT KERNAN, et al., Defendants. 15 16 No. CIV S-07-0157 MCE 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 General Order No. 262. 19 On December 3, 2008, 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 twenty days. Plaintiff filed 22 objections to the findings and recommendations on December 11 and December 12, 2008. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 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 December 3, 2008, are adopted in 3 4 full; and, 2. The conspiracy claim against defendant Felker and all claims against 5 defendants Colon, Naargard, Clark, Battey, Wong, Kernan, Terhune and Hardy are dismissed 6 without prejudice 7 Dated: February 13, 2009 8 9 10 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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