Page v. Schwarzenegger et al

Filing 56

ORDER ADOPTING 41 FINDINGS and RECOMMENDATIONS and Dismissing Action for Plaintiff's Failure to State a Claim, signed by District Judge Lawrence J. O'Neill on 2/4/2009. (Sondheim, M)

1 2 3 4 SAMMY L. PAGE, 5 Plaintiff, 6 v. 7 STATE OF CALIFORNIA, et al., 8 Defendants. 9 10 Plaintiff Sammy L. Page ("plaintiff") is a civil detainee proceeding pro se in this civil rights 11 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 12 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 13 On August19, 2008, the Magistrate Judge filed a Findings and Recommendations herein 14 which was served on plaintiff and which contained notice to plaintiff that any objection to the 15 Findings and Recommendations was to be filed within thirty days. Plaintiff filed a timely Objection 16 to the Findings and Recommendations on September 8, 2008. Plaintiff also timely filed a document 17 entitled "Document to Clerk, for Delivery to Court - LJO, Pertinent to "Objections served Aug, 28, 18 08, Sept 3, 08". 19 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 20 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 21 and Recommendations to be supported by the record and by proper analysis. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. 24 2. 25 26 27 28 1 Dated: b9ed48 This action is dismissed for failure to state a claim upon which relief may be granted.IT IS SO ORDERED. February 4, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE The Findings and Recommendations, filed August 19, 2008, is adopted in full; and / (Doc. 41) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR PLAINTIFF'S FAILURE TO STATE A CLAIM CASE NO. 1:06-cv-01409 LJO DLB PC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA