(PC) Manago v. Williams, et al, No. 2:2007cv02290 - Document 89 (E.D. Cal. 2010)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 7/2/2010 ADOPTING 78 Findings and Recommendations in full. Dft Brockett's 53 Motion to Dismiss is DENIED. The 35 Motion to Dismiss is DENIED IN PART and GRANTED IN PART. Dfts Knowles, Stiles, Laffitte and Stabbe are DISMISSED. Service is appropriate upon dft Kennedy. The Clerk shall send Pltf one USM-285 form, one summons, an instruction sheet and a copy of the 20 amended complaint. (Zignago, K.)
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(PC) Manago v. Williams, et al Doc. 89 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEWART MANAGO, 11 Plaintiff, 12 No. 2:07-cv-2290 LKK KJN P vs. 13 BRAD WILLIAMS, et al., 14 Defendants. 15 16 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 May 14, 2010, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one 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 May 14, 2010, are adopted in full; 3 2. Defendant Brockett’s motion to dismiss plaintiff’s first cause of action (Dkt. 4 No. 53) is denied; 5 3. The motion of all defendants to dismiss plaintiff’s amended complaint for 6 failure to exhaust administrative remedies (Dkt. No. 35) is denied in part and granted in 7 part; 8 9 4. The following defendants are dismissed from this action without prejudice: Knowles, Stiles, Laffitte and Stabbe; and 10 5. Service of process is appropriate upon defendant Kennedy; therefore: 11 A. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, 12 an instruction sheet and a copy of the amended complaint filed November 26, 2008 (Dkt. No. 13 20); 14 15 B. Within 14 days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: 16 a. The completed Notice of Submission of Documents; 17 b. One completed summons; 18 c. One completed USM-285 form for defendant Kennedy; and 19 d. Two copies of the endorsed amended complaint filed November 20 26, 2008 (Dkt. No. 20); 21 C. Plaintiff need not attempt service on defendant and need not request waiver of 22 service. Upon receipt of the above-described documents, the court will direct the United States 23 //// 24 //// 25 //// 26 2 1 Marshal to serve defendant Kennedy pursuant to Federal Rule of Civil Procedure 4 without 2 payment of costs. 3 DATED: July 2, 2010. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3