(PC) Mitchell v. Sanders et al, No. 2:2008cv02284 - Document 27 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 8/20/10 ORDERING the findings and recommendations 24 filed 7/13/10 ADOPTED IN FULL; dfts motion to dismiss 16 is granted; dft Whitney is dismissed from this action for failure to state aclaim and failure to serve; and the Clerk of the Court is directed to enter judgment and close this case. CASE CLOSED. (Carlos, K)
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(PC) Mitchell v. Sanders et al Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODERICK L. MITCHELL, Plaintiff, 12 13 No. CIV S-08-2284-FCD-CMK-P vs. ORDER 14 ROXAN SANDERS, et al., 15 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 July 13, 2010, 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 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and 1 Dockets.Justia.com 1 by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed July 13, 2010, are adopted in full; 4 2. Defendants’ motion to dismiss (Doc. 16) is granted; 5 3. Defendant Whitney is dismissed from this action for failure to state a 6 7 8 claim and failure to serve; and 4. The Clerk of the Court is directed to enter judgment and close this case. Date: August 20, 2010. 9 10 11 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2