(PC) Reece v. Carey et al, No. 2:2009cv01350 - Document 30 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 07/07/2011; Dfts Tom L. Carey, T. Holden and J.A. Nuehring are DISMISSED from this action; Dfts Jackson, R.J. Knudsen, Pia Laundry, J. LeGare, C. Martin, J. M artinez,, S. Schulke, CDCR Appeals Coordinator are terminated. Plaintiffs claims for due process violations relating to his prison disciplinary proceedings against all defendants are DISMISSED without prejudice. This action shall proceed against defendant Dickenson only, on plaintiffs claim for denial of access to the court. (Michel, G) Modified on 7/8/2011 (Michel, G).
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(PC) Reece v. Carey et al Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES G. REECE, 12 Plaintiff, 13 14 15 vs. ORDER TOM L. CAREY, et al., Defendants. 16 17 No. CIV S-09-1350-GEB-CMK-P / 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 May 2, 2011, the Magistrate Judge filed findings and recommendations herein 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. Timely objections to the findings and recommendations have been filed. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire 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 2, 2011, are adopted in full; 3 2. Plaintiff’s claims for due process violations relating to his prison 4 disciplinary proceedings against all defendants are dismissed without prejudice; 5 3. Defendants Carey, Holden and Nuehring are dismissed from this action; 6 4. The Clerk of the Court is directed to terminate defendants LeGare, 7 Schulke, Martinez, Knudsen, Jackson, Martin, Laundry, and CDCR Appeals Coordinator as 8 defendants to this action as they are not named in plaintiff’s third amended complaint; and 9 5. This action shall proceed against defendant Dickenson only, on plaintiff’s 10 claim for denial of access to the court. 11 Dated: July 7, 2011 12 13 14 GARLAND E. BURRELL, JR. United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 2
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