(PC) Harris v. Kernan et al, No. 2:2017cv00680 - Document 29 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Garland E. Burrell, Jr. on 1/12/18 ADOPTING 22 FINDINGS AND RECOMMENDATIONS. Defendant J. Clark Kelso is dismissed from this action. (Kaminski, H)

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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 WAYDE HOLLIS HARRIS, 12 Plaintiff, 13 14 No. 2:17-cv-0680 GEB KJN P v. ORDER S. KERNAN, 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 December 20, 2017, 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 December 20, 2017, are adopted in full; and 27 28 //// 1 2. Defendant J. Clark Kelso1 is dismissed from this action. 1 2 Dated: January 12, 2018 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 28 In the recommendation clause, Mr. Kelso’s last name was inadvertently omitted. (ECF No. 22 at 16.) However, in the text of the findings and recommendations, Mr. Kelso’s complete name “J. Clark Kelso” is referenced, and his last name is used throughout the analysis. (Id. at 11-12.) The recommendation clause simply reiterates conclusion based on the analysis set forth above. Thus, no misunderstanding results from such typographical error. 2

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