(PC) Fisher v. Cappel et al, No. 2:2013cv00642 - Document 15 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 9/11/13. Defendants Swarthout and Rosario are DISMISSED from this action; plaintiff's claims for retaliation are DISMISSED. (Manzer, C)
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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 KEVIN FISHER, 12 13 14 No. 2:13-cv-0642 GEB AC P Plaintiff, v. ORDER R. CAPPEL, 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 August 9, 2013, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. No objections to the 23 findings and recommendations have been filed. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed August 9, 2013 , are adopted in full; 28 2. For the reasons explained in the order filed on June 20, 2013 (ECF No. 9): (1) 1 1 defendants Swarthout and Rosario are dismissed from this action; and (2) plaintiff’s claims for 2 retaliation are dismissed. 3 Dated: September 11, 2013 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2