(PC) Hicks v. Walker, et al, No. 2:2008cv02844 - Document 17 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/17/09 ORDERING the Findings and Recommendations 15 are ADOPTED IN FULL; pltf's Motion for Reconsideration 14 is DENIED; dft Walker is DISMISSED from the action. (Carlos, K)

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(PC) Hicks v. Walker, et al Doc. 17 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MICHAEL J. HICKS, 10 Plaintiff, 11 12 No. CIV S-08-2844 MCE KJM P vs. JAMES WALKER, Warden, et al., 13 Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 17 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 18 On May 29, 2009, the magistrate judge filed findings and recommendations herein 19 which were served on plaintiff. Plaintiff has filed objections to the findings and 20 recommendations. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 22 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 23 file, the court finds the findings and recommendations to be supported by the record and by 24 proper analysis. 25 ///// 26 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 29, 2009, are adopted in full; 3 2. Plaintiff’s motion for reconsideration (Docket No. 14) is denied; and 4 3. Defendant Walker is dismissed from the action. 5 Dated: July 17, 2009 6 7 8 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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