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MONTIEL v. YATES, 1:11cv02145 LJO DLB PC (2014)

Court: District Court, E.D. California Number: infdco20140613785 Visitors: 15
Filed: Jun. 12, 2014
Latest Update: Jun. 12, 2014
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF DEFENDNT WYNN (Document 56) LAWRENCE J. O'NEILL, District Judge. Plaintiff Jesse J. Montiel ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 28 U.S.C. 1983. Plaintiff filed this action on December 28, 2011. This action is proceeding against Defendants Green, Taher-Pour, Wilson, Das and Wynn for violation of the Eighth Amendment. 1 On May 20, 2014, the Court is
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF DEFENDNT WYNN (Document 56)

LAWRENCE J. O'NEILL, District Judge.

Plaintiff Jesse J. Montiel ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. Plaintiff filed this action on December 28, 2011. This action is proceeding against Defendants Green, Taher-Pour, Wilson, Das and Wynn for violation of the Eighth Amendment.1

On May 20, 2014, the Court issued Findings and Recommendations that Defendant Wynn be dismissed for Plaintiff's failure to effectuate service. The Findings and Recommendations were served on Plaintiff and contained notice that any objections to the Findings and Recommendations were to be filed within fifteen days. No objections have been filed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed May 20, 2014, are ADOPTED in full; and 2. Defendant Wynn is DISMISSED FROM THIS ACTION.

IT IS SO ORDERED.

FootNotes


1. On June 9, 2014, the Court issued Findings and Recommendations to grant the motion for summary judgment filed by Defendants Taher-pour and Wilson. The objection period has not yet passed.
Source:  Leagle

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