Lyons

ORDER

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 . The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.

On July 1, 2008, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Timely objections to the findings and recommendations have been filed.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 72-304, 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 July 1, 2008, are adopted in full;

2. Defendants Haynes and Wauwsrov-sky are dismissed for lack of service pursuant to Federal Rule of Civil Procedure 4(m);

3. Defendants’ motion for summary judgment (Doc. 119) is granted in part and denied in part;

4. Summary judgment is appropriate as to plaintiffs claims against…