(PC) Asberry v. Cate et al, No. 2:2009cv01494 - Document 24 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 4/14/11; Dfts O'Brien, James Walker, Bauser and Mathew Cate are DISMISSED from this action without prejudice. (Manzer, C)
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(PC) Asberry v. Cate et al Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY ASBERRY, 11 Plaintiff, 12 13 No. 2:09-cv-1494-MCE-KJN-P vs. MATHEW CATE, et al., 14 Defendants. 15 ORDER / 16 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 Rule 302. 19 On March 7, 2011, 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-one days. Plaintiff has not 22 filed objections to the findings and recommendations. 23 The Court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 //// 1 Dockets.Justia.com 1 2 3 4 5 1. The findings and recommendations filed March 7, 2011 (ECF No. 18), are adopted in full; and 2. Defendants Cate, Walker, Bauser, O’Brien, and DOES 1-10, are dismissed from this action without prejudice. Dated: April 14, 2011 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