-EFB (PC) Nicholson v. Medina et al, No. 2:2010cv01425 - Document 24 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 05/16/11 and ORDERING that plf's claims against dfts Cate, McDonald and Swingle are DISMISSED w/o prejudice. (Benson, A.)
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-EFB (PC) Nicholson v. Medina 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 ELDRED NICHOLSON, Plaintiff, 11 vs. 12 13 No. CIV S-10-1425 KJM EFB P D. MEDINA, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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. On January 12, 2011, the magistrate judge filed findings and recommendations, 19 20 which were served on plaintiff and which contained notice to plaintiff that any objections to the 21 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 22 objections to the findings and recommendations. 23 ///// 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 5 6 1. The findings and recommendations filed January 12, 2011, are adopted in full; and 2. Plaintiff’s claims against defendants Cate, McDonald and Swingle are 7 dismissed without prejudice. 8 DATED: May 16, 2011. 9 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2