(PC) Abel v. Martel et al, No. 2:2009cv01749 - Document 68 (E.D. Cal. 2012)
Court Description: ORDER signed by Judge John A. Mendez on 10/24/12 ADOPTING IN FULL 65 Findings and Recommendations. Defendants Kaplan (Captain) and Jean Walker DISMISSED without prejudice. (Meuleman, A)
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(PC) Abel v. Martel et al Doc. 68 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ABEL, 11 12 13 14 Plaintiff, vs. MIKE MARTEL, et al., Defendants. 15 16 No. 2:09-cv-1749 JAM CKD P 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 Rule 302. 19 On August 21,2012, the magistrate judge filed findings and recommendations 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. Plaintiff 22 has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 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 August 21, 2012, are adopted in full; 3 and 4 2. Defendants Kaplan and Walker are dismissed without prejudice pursuant to 5 Federal Rule of Civil Procedure 4(m). 6 DATED: 7 October 24, 2012 /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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