(PC) Gonzalez v. Cate et al, No. 2:2011cv03196 - Document 18 (E.D. Cal. 2013)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 12/24/13 ORDERING the findings and recommendations filed November 19, 2013, are adopted in full; and With the exception of the claims identified against defendants Cate, Brackett, Gamberg, Gower, Harris on and Marquez in the magistrate judge's November 19, 2013 order and findings and recommendations, all remaining claims are dismissed from this action as improperly joined and/or for failure to state a claim upon which relief may be granted. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE GONZALES, JR., 12 Plaintiff, 13 14 No. 2:11-cv-3196-GEB-EFB P v. ORDER MATTHEW CATE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 19, 2013, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed November 19, 2013, are adopted in full; and 27 28 ///// 1 1 2. With the exception of the claims identified against defendants Cate, Brackett, 2 Gamberg, Gower, Harrison and Marquez in the magistrate judge’s November 19, 2013 order and 3 findings and recommendations, all remaining claims are dismissed from this action as improperly 4 joined and/or for failure to state a claim upon which relief may be granted. 5 Dated: December 24, 2013 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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