(PC) Francis v. Cate, et al., No. 2:2009cv00640 - Document 28 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 3/31/2010 ADOPTING 23 Findings and Recommendations in full. Dft Snell is DISMISSED from this action without prejudice. (Engbretson, K.)

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(PC) Francis v. Cate, et al. Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN FRANCIS 11 12 Plaintiff, No. 2:09-cv-0640 JAM KJN P vs. 13 MATTHEW CATE, 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 General Order No. 262. 19 On January 19, 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 twenty 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 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 January 19, 2010, are adopted in full; 3 2. Defendant Snell is dismissed from this action without prejudice. 4 DATED: March 31, 2010 5 6 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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