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Robert Lewis Smith v. S. Pina

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 3, 2012

ROBERT LEWIS SMITH,
PLAINTIFF,
v.
S. PINA, ET AL., (ECF NO. 18)
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS

Plaintiff Robert Lewis Smith ("Plaintiff") is a prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On May 24, 2012, the Magistrate Judge filed a Findings and Recommendations, recommending dismissal of certain of Plaintiff's claims and Defendants. (ECF No. 18.) Plaintiff has not filed any objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed May 24, 2012, are adopted in full;

2. Plaintiff be allowed to proceed on his failure to protect claim against Defendant Pina;

3. Plaintiff's claims against Defendants Munoz, Sumaya, and Estrada be dismissed with prejudice; and

4. Defendants Munoz, Sumaya, and Estrada be dismissed from this action.

IT IS SO ORDERED.

20120703

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