(PC) Smith v. Tucker, No. 2:2009cv00993 - Document 53 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by Judge Frank C. Damrell, Jr. on 04/11/11 and ORDERING that dfts J. Ganal, W. Jenkins, Long, Alvarez and Borgus are DISMISSED w/o prejudice. (Benson, A.)
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(PC) Smith v. Tucker Doc. 53 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAMEN SMITH, Plaintiff, 11 12 vs. 13 No. CIV S-09-0993 FCD EFB P TUCKER, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights 16 17 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 15, 2011, the magistrate judge filed findings and recommendations 19 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days from the 22 date the findings and recommendations were served. Plaintiff has filed objections to the findings 23 and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 15, 2011, are adopted in 5 6 7 full; and 2. Defendants Alvarez, Long, Borgus, Jenkins, and Ganal are dismissed from this action without prejudice. 8 So ordered. 9 DATED: April 11, 2011. 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