-EFB (PC) Herrera v. Gardner et al, No. 2:2010cv01744 - Document 69 (E.D. Cal. 2011)

Court Description: ORDER adopting in full 36 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 5/18/11. Defendants Gardner and Stewart are DISMISSED from the action. (Kastilahn, A)
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-EFB (PC) Herrera v. Gardner et al Doc. 69 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO HERRERA, 11 Plaintiff, 12 vs. 13 No. CIV S-10-1744 GEB EFB P GARDNER, 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 17, 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 fourteen days. Plaintiff has not filed 22 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 1. The findings and recommendations filed March 17, 2011, are adopted in full; and 2. Defendants Gardner and Stewart are dismissed from the action. Dated: May 18, 2011 5 6 7 GARLAND E. BURRELL, JR. United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2