Lee v. Scribner et al

Filing 74

ORDER ADOPTING 73 FINDINGS AND RECOMMENDATIONS and ORDER DENYING 71 Plaintiff's Motion for a Court Order signed by District Judge Lawrence J. O'Neill on 4/17/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BOBBY LEE,

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CASE NO. 1:05-cv-00802-LJO-BAM PC
Plaintiff,

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v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION FOR A COURT ORDER

DR. WAGNER,

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(ECF Nos. 71, 73)
Defendant.
/

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Plaintiff Bobby Lee (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

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second amended complaint, filed June 1, 2009, against Defendant Wagner for deliberate indifference

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to medical needs in violation of the Eighth Amendment. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Plaintiff filed a motion seeking the issuance of a court order to be transferred to a different

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prison.

(ECF No. 71.)

On February 28, 2012, the Magistrate Judge filed findings and

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recommendations herein which was served on the parties and which contained notice to the parties

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that any objections to the findings and recommendations were to be filed within thirty days. (ECF

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No. 73.) More than thirty days have passed and no objections have been filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations, filed February 28, 2012, is adopted in full; and

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2.

Plaintiff’s motion for a court order, filed February 27, 2012, is DENIED.

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IT IS SO ORDERED.

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Dated:
b9ed48

April 17, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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