(PS) Johnson v. Mitchell et al, No. 2:2010cv01968 - Document 302 (E.D. Cal. 2013)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 6/17/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/10/13 295 are ADOPTED and Defendant Solarte is DISMISSED for failure to serve process pursuant to FRCP 4(m).(Mena-Sanchez, L)

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(PS) Johnson v. Mitchell et al Doc. 302 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHEPARD JOHNSON, 11 Plaintiff, 12 13 No. 2:10-cv-1968 GEB GGH PS vs. CHESTER MITCHELL, et al., 14 Defendants. 15 __________________________________/ 16 ORDER On May 10, 2013, the magistrate judge filed findings and recommendations herein 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orand v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). 23 24 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full. 25 Accordingly, IT IS ORDERED that the Findings and Recommendations filed May 26 10, 2013, are ADOPTED and Defendant Solarte is dismissed for failure to serve process pursuant 1 Dockets.Justia.com 1 to Federal Rule of Civil Procedure 4(m). 2 Dated: June 17, 2013 3 4 5 GARLAND E. BURRELL, JR. Senior United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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