(PC) Lopez v. Hubbard, et al, No. 2:2009cv01928 - Document 72 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 10/06/10 ordering the court's 09/30/10 findings and recommendations 71 are convereted into an order and defendants' motion for summary judgment 54 is granted. Defendant Campbell is dismissed from this action. Judgment shall be entered in favor of defendants.(Plummer, M)
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(PC) Lopez v. Hubbard, et al Doc. 72 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH LOPEZ, 11 12 13 14 15 16 Plaintiff, No. CIV S-09-1928 GEB GGH P vs. SUE HUBBARD, et al., ORDER Defendant. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. On September 30, 2010, the undersigned issued findings and 18 recommendations (Doc. 71) that defendants’ motion for summary judgment (Doc. 54) be granted 19 and this case closed. However, a review of the docket indicates that plaintiff and the remaining 20 defendants in this case, Hill, Hubbard, Arnold and Rodriguez have consented to the jurisdiction 21 of the undersigned. Doc. 35, 43. Therefore, the findings and recommendations are converted 22 into a order, summary judgment is granted. 23 With respect to defendant Campbell, who has not been served in this action, 24 plaintiff requested on August 23, 2010 (Doc. 67), that Campbell be dismissed. Pursuant to Fed. 25 R. Civ. P. 41(a), Campbell is dismissed. 26 As no more defendants remain in this action, this case is closed. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The court’s September 30, 2010, findings and recommendations are converted 3 into an Order and defendants’ motion for summary judgment is granted; 4 2. Defendant Campbell is dismissed from this action; 5 3. Judgment shall be entered in favor of defendants. 6 DATED: October 6, 2010 /s/ Gregory G. Hollows 7 8 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 9 10 GGH:AB lope1928.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2