(PC) Israel v. Shmary et al, No. 2:2021cv00262 - Document 51 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 8/15/2022 ADOPTING 46 Findings and Recommendations in full. Defendant Lainez is DISMISSED pursuant to Fed. R. Civ. P. 4(m). (Zignago, K.)

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(PC) Israel v. Shmary et al Doc. 51 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AKIVA AVIKAIDA ISRAEL, 12 Plaintiff, 13 14 No. 2:21-cv-00262-TLN-EFB ORDER v. RABBI SHMARY, 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 June 13, 2022, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 46.) Plaintiff has 23 filed objections to the findings and recommendations.1 (ECF Nos. 47, 48.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 28 1 The Court notes that Defendant Charles Richey, who Plaintiff references in her objections (see ECF Nos. 47, 48), has appeared in this action and remains a defendant. 1 Dockets.Justia.com 1 analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations filed June 13, 2022 (ECF No. 46) are ADOPTED 4 5 6 in full; and 2. Defendant Lainez is DISMISSED pursuant to Fed. R. Civ. P. 4(m). DATED: August 15, 2022 7 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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